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74 La. L. Rev. 663 (2013-2014)
Rethinking the Doctrine of Nullity

handle is hein.journals/louilr74 and id is 681 raw text is: Rethinking the Doctrine of Nullity Ronald J. Scalise Jr.* TABLE OF CONTENTS Introduction ......................... .............664 I. A Brief History of Nullity...........................665 A. Roman Law..........................665 B. The Spread in Europe .................. .....667 C. Louisiana Law.................... ........670 1. From 1808 to 1984 ............................670 2. The 1984 Revision and the Classic Division of Nullities ................ ......671 II. Thinking About Nullity................. ........672 A. Ambit of the Law of Nullities.........................673 B. Kinds of Nullities: Express v. Tacit ....... ..........674 C. Classification of Nullities: Bilateral and Unilateral.........678 D. Scope of Nullity................... ........683 E. Effect of Nullity on Third Persons ...............684 III. Critique of the Current Doctrine and Refinement of the Classic Division ......................... .....685 A. What Nullity Is Not About ................ ....686 1. Not Severity or Significance of Violation .................686 2. Not the Scope of the Interest Protected......................687 B. What Nullity Is About: Temporary v. Permanent Defects .................... .....689 1. Temporary Defects: Relative Nullities .... .....689 2. Permanent Defects: Absolute Nullities .... .....691 a. Public Order Nullities ............ .....691 Copyright 2014, by RONALD J. SCALISE JR. * Vice Dean for Academic Affairs and A.D. Freeman Professor of Civil Law, Tulane Law School. An earlier version of this paper was presented at a meeting of the Bartolus Society, a workshop at Tulane Law School, and as part of a seminar on the civil law. The author gratefully acknowledges the comments and suggestions received at all venues and the assistance of his former research assistant, Lance Cardwell. Any remaining errors are attributable solely to the author.

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