“Voi ab initio” means “Voi ab initio” in terms of rights that are void or not. A contract may be terminated in the event of unforeseen circumstances that do not allow compliance with the contractual conditions. This also happens when a condition has been agreed, but the evidence itself is no longer available. For example, two parties agree and enter into a contract for the rental of a house, but the house burns down in the event of an accident. Legality: an agreement not concluded is not applicable to both parties from the outset, a countervailable contract becomes enforceable only if the party, to the extent to which it is countervailable, abandons it. As long as it is avoided or cancelled by the parties empowered to do so by exercising its option on that behalf, it is an effective contract. Essentially, the difference between invalid and countervailable contracts lies in applicability: an undented contract is illegal and unenforceable; a countervailable contract is legitimate and enforceable. From the outset, the condition of the contract is not equal in a null agreement, while the contract, conditions, legal sanctions, logistics, etc., are explicitly drawn and understood in advance. The difference between invalid and illegal contracts is subtle, but important.
In 1872, the Indian Contract Act defined the boundary between invalid and illegal agreements. It is very likely that an agreement is not allowed by law and an illegal agreement is strictly not allowed by law. Both parties can be disciplined to join an illegal agreement. Since an inconclusive agreement has no effect from the outset, it has no legal consequences. No aspect of an illegal agreement is ever considered legal. An agreement not concluded does not create any rights or obligations vis-à-vis the parties concerned, since the law does not respect the fundamental principles to be taken into consideration. On the other hand, an unde concluded contract creates rights and obligations for all parties involved. A party who enjoys goods and services as his rights must pay for these goods in the agreed sum of money, by which non-payment is imposed in accordance with the legal provisions. In addition, the party entitled to pay must provide goods and services in the agreed quality and form. Any type of restoration is not allowed in the case of the unencluded agreement, since in reality the contract does not exist. Contracts not concluded are valid when they are concluded, as they meet all the conditions of application provided for in Article 10 of the Law and are binding on the parties, but are then cancelled for impossibility of performance. Such contracts are not applicable in the eyes of the law: a countervailable contract is a valid agreement between two parties, under which only one of the parties is normally bound by the terms of the contract.
. . .