3.2.5.2 Partial nullity (Article 3:41 BW)

81. A juridical act can be null and void in its entirety. However, pursuant to Article 3:41BW, the nullity can also affect only part of the juridical act – namely, only the specific part of the juridical act that is in conflict with mandatory law, good morals or public policy; the unproblematic parts of the juridical act remain in effect.1 Partial nullity prevents a juridical act being affected in its entirety by nullity in cases in which only – a small – part of that juridical act is problematic. The integral nullity of a juridical act which is only partially problematic, would in such a case be a disproportionate sanction. Partial nullity can apply insofar as the remaining part of the juridical act is not so inextricably linked to the null part of the juridical act that they are inseverable.2 In other words, when the null part of a juridical act is indissolubly tied to the remaining part of the juridical act, the conclusion must be that the juridical act is null in its entirety.3 The question whether the parts are inseverable is answered by taking into account the content and necessary implication of the juridical act.