Nietigheid en aanverwante rechtsfiguren in het vermogensrecht

This research aims to provide a solution for the actual problems concerning the nullity of invalid juridical acts. According to scholarship, a juridical act is considered 'nul' if it does not comply with all mandatory requirements at the time of its creation, with the consequence that the juridical act does not produce the envisaged legal effects. Despite the vivid discussions concerning the divers facets of nullity (i.e. its extent, object, enforcement and consequences), unanimity seems to exist regarding two specific elements: the nullity must always be pronounced by a judge and operates with retroactive effect. Recent evolutions in Belgium and abroad - e.g. recent judgments of the Court de Cassation and of the Court of Justice of the European Union - show that these viewpoints are no longer tenable. In order to provide solutions for the present difficulties, this research will scrutinize the diverse interests that determine the current modalities of nullity in patrimonial law. It consists of the three parts. The first part is dedicated to the concept of nullity; the second to the enforcement of nullity and the third and last one to the effects of nullity (both vis-à-vis parties as vis-à-vis third parties). Insights from other legal systems - e.g. Dutch, French, German, Italian, and Spanish law, and the Draft Common Frame of Reference - are used throughout the research to reconstruct the theory of nullity in patrimonial law.status: publishe