MEANING AND USE OF THE LEGAL TERMS: AB INITIO

“Ab initio” is a Latin term that translates to “from the beginning.” In legal contexts, it refers to something being nullified or considered invalid from the outset, as if it never existed or occurred.

This term is commonly used in various legal situations:

1. Contracts: If a contract is deemed void ab initio, it means that the agreement was never legally valid from the start. This could happen due to fraud, mistake, or other reasons that invalidate a contract.
2. Laws or Regulations: Sometimes, laws or regulations might be declared invalid ab initio if they were unconstitutional or improperly enacted. This means that the law is treated as null and void from the moment it was enacted.
3. Marriages: In some cases, a marriage might be annulled ab initio, meaning that the marriage is considered void from the beginning, erasing its legal existence as if the marriage never took place.

The phrase is used to emphasize that whatever is being discussed was fundamentally flawed or illegal from its inception, essentially erasing its legal consequences and treating it as though it never legally existed.