Sentences with phrase «voidable only»

6 DOS 94 Matter of DOS v. Eagle Financial Services - motion to amend complaint; procedural due process; motion for severance; motion for stay of proceedings; adjournment; once issued, license is valid even if procured by fraud and voidable only in quasi-judicial proceeding; negotiating of mortgage loan requires real estate license; corporate licensee vicariously liable for conduct of unlicensed salesperson; failure to return and conversion of deposits
A drier approach might be to call on a fourth duality, that between marriages void ab initio and those voidable only.
The argument here would be that this lack of capacity renders a marriage voidable only, with the upshot that it can only be challenged by one of the parties and is valid until successfully challenged by an annulment proceeding.

Not exact matches

If the marriage is held to be void or voidable, an agreement that would otherwise have been a premarital agreement shall be enforceable only to the extent necessary to avoid an inequitable result.
Such powers may only be exercised bona fide towards the satisfaction of the bank's debt; as soon as collateral profit becomes the primary purpose, those actions become voidable and the bank liable to account.
For greater certainty, a marriage is not void or voidable by reason only that the spouses are of the same sex.»
The inability to consummate a marriage, i.e. lack of sexual capacity, only makes a marriage voidable, as does the lack of age and, probably, lack of mental capacity at the time of the ceremony.
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