Mgr. ANNA VEJMELKOVÁ, advokát

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WHEN IS A CONTRACT INVALID – AND WHAT DOES IT MEAN FOR YOU

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“We signed it, but now they say the contract is invalid. And I lost everything.”

Jana agreed on a loan with her former partner. They both signed a simple document they had written themselves. When the man stopped paying, she turned to the court. The result? The contract was invalid – it lacked the loan amount and the repayment date. She lost CZK 200,000.

When is a contract invalid, the most common mistakes that cause invalidity, what it means for both parties, and how to protect yourself. Real examples and practical advice on how to prevent invalid contracts.

⚖️ What does it mean if a contract is invalid?

An invalid contract has no legal effect, as if it never existed. It can be:

  • Absolutely invalid – ineffective from the start and cannot be “fixed” (e.g. violates the law),

  • Relatively invalid – effective until someone challenges it (e.g. signed under duress),

  • Nonexistent – so-called fictitious or sham contracts that never actually came into being.


⚠️ Most common reasons for invalidity

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

  • Conflict with the law or good morals

  • Vague or unclear language

  • Signed by someone lacking legal capacity

  • Failure to meet required form (e.g. written form for real estate transfers)


🧠 How can you tell if a contract is invalid?

Usually only once a problem arises:

  • the other party refuses to perform and cites flaws in the contract,

  • the court refuses to recognize the contract as valid evidence,

  • a lawyer flags serious issues during a review.

If you have doubts, have the contract checked in advance – invalidity cannot be fixed retroactively.


📚 Real-life example:

A man signed a purchase agreement for a car that a friend had written. The contract lacked a proper description (VIN) and delivery terms. The car had hidden defects, and the buyer tried to withdraw – but the court ruled the contract invalid. He couldn’t even claim damages.


✅ Lawyer’s recommendation:

Don’t underestimate the importance of form and content. Mistakes such as missing amounts, vague identification of the subject, or unsigned documents can make a contract null and void.

If you’re unsure about validity – consult a lawyer early. An invalid contract often means losing both rights and money.

Not sure if your contract is legally sound?
Send it to me – I’ll assess its validity and suggest corrections or a new draft if needed.

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

Do you want to know more?

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