The Supreme Court of Colombia, by judgment SC1834-2022 of 23 June 2022 (the judgment), the reporting judge Aroldo Wilson Quiroz Monsalvo, issued a relevant decision in real estate and environmental matters, confirming a decision of the Supreme Court of the Judicial District of Bogotá declaring the absolute nullity of two public documents providing for an act of updating the borders and a subsequent transfer by Sale included. of a plot next to the Jaboque wetland in the city of Bogotá. It is important to note that ratification, whether implicit or explicit, is only valid if it emanates from the party or parties that have the right to seek invalidity, which means that a third party outside the Treaty cannot validly ratify it, and that it is not the only ratification of the party that cannot legally claim invalidity, so that it requires the consent of both parties. In all cases, nullity is absolute or relative requires a judicial declaration, i.e. a claim must be filed because it does not operate by law. If you have any concerns or doubts about this, do not hesitate to contact the authors of this article. `Any other type of defect shall entail a relative nullity and confer the right to rescind the act or contract.` On the other hand, the verdict is ambiguous in environmental matters, as it generalizes the categorization of the public use of wetlands, which contradicts previous decisions of the Council of State. An action for annulment, as it is aptly called the action for nullity of the contract brought before the court, is limiting. That is to say, any other defect that does not cause absolute nullity causes a relative nullity that can be corrected by the parties if it is their will or interest. The information contained in this disclaimer is intended for the education and general knowledge of our readers. It is not intended and should not be used as the sole source of information in the analysis and resolution of a legal problem and should not replace legal advice based on a specific analysis of the facts. In addition, the laws of each jurisdiction are different and constantly evolving.
This information is not intended to create an attorney-client relationship and its receipt does not constitute an attorney-client relationship. If you have specific questions on a particular topic, please contact the authors of this publication, your Holland & Knight representative or other appropriate legal counsel. A contract is void if the conditions required by law for its validity, which have been listed above, are lacking and the declaration of nullity is the penalty awarded for the absence of these requirements. After the expiry of the 4-year period, the action for annulment is time-barred and prescription is one of the exceptions that may be made in an action for annulment. Relative nullity can be remedied by ratification by the parties, which is not mandatory, since the interested party may request nullity instead of requesting rectification and, as the rule shows, nullity can only be invoked by the party « in whose favour it has been established by law ». The nullity must be declared in court, that is to say, a judge must recognize it and declare it at the request of the person concerned. In the event of nullity of a civil contract, the limitation period is 4 years within the meaning of Article 1750 of the Civil Code, knowing that this period begins to count depending on the situations referred to therein: a civil or commercial contract may have a reason for cancellation, event in which the interested party may request the cancellation of the contract. The concept of nullity refers to the act, contract or procedure which has neither effect nor force to bind something. It has been stated that only relative nullity can be corrected, corrected or corrected and can be corrected either tacitly, explicitly by the passage of time, or by ratification by the parties.
In this case, however, no nullity may be requested thirty years after the conclusion of the act or contract. Nullity occurs when the act or contract violates the law or because it does not have the requirements or celebrations it requires.