La extinción de dominio como institución autónoma: por una desvinculación absoluta de la nulidad civil

The Organic Law on Asset Forfeiture includes the concept of original nullity among its definitions. In the explanatory memoranda of the bills that led to this Law, the potential nullity of certain property rights acquired through illegitimate legal transactions is mentioned. This paper proposes, with the aim of enhancing the efficiency of the Law in combating corruption, a complete disassociation between asset forfeiture and any alleged defect of nullity in legal transactions. Consequently, it argues that asset forfeiture should proceed independently of the validity or nullity of the legal transaction that served as the basis for the acquisition