Legal Definitions - vacatura

Vacatura refers to the legal act of making something void, annulling it, or setting it aside. This term is typically used when a court or other legal authority cancels or invalidates a previous judgment, order, or legal proceeding, rendering it legally ineffective.

• Example 1: Vacating a Default Judgment

  Imagine a situation where a person is sued, but they never received proper notice of the lawsuit. A court might issue a "default judgment" against them because they didn't appear in court. However, once the person learns about the judgment and proves they were never properly served, they can ask the court to perform a vacatura on the default judgment. This means the original judgment is cancelled, and the case can proceed fairly, allowing the person to present their defense.

• Example 2: Annulment of an Administrative Order

  Consider a government regulatory agency that issues an order requiring a company to take certain actions. If the company believes the agency exceeded its authority or made a decision based on incorrect facts, they can appeal to a higher court. If the court agrees, it might perform a vacatura on the agency's order, effectively nullifying it and preventing the agency from enforcing it. The agency would then have to reconsider its decision or issue a new order based on proper legal grounds.

• Example 3: Setting Aside a Conviction Due to New Evidence

  Suppose a person is convicted of a crime, and years later, new DNA evidence or a confession from another party conclusively proves their innocence. The convicted individual's legal team could petition the court to perform a vacatura on the original conviction. If successful, the court would set aside the guilty verdict, effectively erasing the legal finding of guilt and potentially leading to the person's release and exoneration.