Mgr. ANNA VEJMELKOVÁ, advokát

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WHEN A CONTRACT IS INVALID – AND WHY A SIMPLE AGREEMENT ISN’T ENOUGH

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“We had a signed contract… but the court threw it out.”

A man signed a contract with a former colleague – it was for the purchase of a car. They drafted it themselves and signed it. But when defects appeared and the dispute arose, the court declared the contract invalid because it lacked essential terms and part of the content was contrary to law. The result? Loss of both the money and the car.

When a contract is invalid, what mistakes lead to absolute or relative invalidity, what risks arise with DIY drafting, and what the court examines when assessing a contract’s validity.

⚠️ What can make a contract invalid:

  • Missing essential elements (e.g. subject matter, price)

  • Contradiction with law or public policy

  • Mistake, coercion, error in person or intent

  • Failure to meet legally required form (e.g. written form)

  • Contract signed by unauthorized or legally incapable party


🧑‍⚖️ Absolute vs. relative invalidity

  • Absolute invalidity – courts consider it even without objection

  • Relative invalidity – must be raised by a party

  • In both cases, the contract may be completely unenforceable


📚 Real-life example:

A couple drafted a property settlement agreement after divorce. It appeared formally correct. However, some provisions contradicted mandatory rules of the Civil Code. The court declared those parts invalid, and the assets had to be redistributed in a new proceeding.


✅ Lawyer’s recommendation:

Not every “agreement” is a contract. And not every contract is valid.

My advice: always have the contract reviewed or drafted by a legal professional – the most frequent mistakes aren’t in language, but in legal construction.

I’ll make sure your contract is not only clear, but most importantly valid and enforceable.

Not sure if your contract would hold up in court?
Send it to me – I’ll check its validity and tell you what needs fixing.

Contact a legal professional – I specialize in contract law.
Learn more here.

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