Buitengerechtelijke vernietiging

Extrajudicial annulment

Extrajudicial annulment is the setting aside of a legal act, such as a contract, by means of a declaration to the counterparty without judicial intervention.

Extrajudicial annulment enables a party to annul a juridical act by means of a simple declaration, for instance in cases of mistake, fraud or abuse of circumstances. This is provided for in the Civil Code and applies to juridical acts that are voidable.

This mechanism is relevant because it allows parties to terminate an annullable juridical act swiftly and cost-effectively, without the time and expense of court proceedings. It promotes legal certainty and prevents parties from remaining bound by a defective agreement.

In practice, extrajudicial annulment is frequently invoked in consumer contracts and real estate transactions, where the declaration is often made in writing to ensure evidentiary value.

“The buyer has avoided the purchase agreement extrajudicially on the grounds of mistake regarding the condition of the property.”

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