To support such an allegation

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On the question of nullity
It should be added that, in the event of absolute nullity, Article 168 of the 2002 Civil Code applies, which allows any interested party or, eventually, the Public Prosecutor's Office to file a declaratory action for absolute nullity, without prejudice to the judge recognizing the invalidities ex officio. The term “any interested party” includes the person who performed the act, precisely because of the need for prevalence and respect for public order rules, the violation of which, we insist, is grounds for the absolute nullity of the act.

This conclusion applies not only to natural persons but also to legal entities that are part of business and equity contracts, as can be seen from the previously transcribed art. 3, item VIII, of the Economic Freedom bulk sms colombia Act (Law No. 13,874/2019), by the aforementioned final term. Now, if public order rules must be observed even in symmetrical contracts between large companies, this is all the more true in cases where nullities and civil wrongdoings cause clear harm to a natural person in family and inheritance relationships that are often asymmetrical.

It should be noted that the highlighted rule underwent a substantial change compared to the text of its original Provisional Measure No. 881, which provided, in that same command, that the party to a business legal transaction could not claim violation of the public order rule if it participated in the act. This was the provision of art. 3, item VIII, of the MP:

“These are rights of every person, whether natural or legal, essential for the economic development and growth of the Country, in compliance with the provisions of the sole paragraph of art. 170 of the Constitution. (…). VIII – to have the guarantee that business legal transactions will be subject to free stipulation by the contracting parties, in order to apply all rules of business law only in a subsidiary manner to the agreed upon, in which case no public order rule on this subject will be used to benefit the party that agreed against it, except if to protect rights protected by the public administration or third parties unrelated to the contract”.