>телефон юридические услуги Legal services: +7 (499) 391-57-55; +7 (916) 546-99-25 (hours)
Real estate services: +7(499) 391-55-56
For customers speaking any of these languages -
English, Tamil, Malayalam, Telugu, Kannada, Hindi:
+7 (977) 288 59-95
почта 89165469925@mail.ru
interlex17@rambler.ru

The transaction may be invalidated not only in case of violation of their detention, and failure to comply with other requirements (presence of spelconsoles sides, matching will of the parties their true will, whether the contents of the transaction to law requirements). In this regard, among the invalid transactions can be divided into four groups:

1) transactions with defects of a subject:

- related to the capacity of citizens (art 171, 172, 175, 176 of the civil code);

- related to the legal capacity of legal persons (article 173 of the civil code);

prisoners without the necessary force of law consent to the transaction (article 173.1 of the civil code);

2) transactions with defects of will:

- made by citizens, unable to understand the significance of their actions (article 177, civil code);

prisoners under the influence of a substantial mistake (article 178, civil code);

- made under the influence of fraud, violence, threat or adverse circumstances (article 179 of the civil code);

3) transactions with defects as follows:

- violate the requirements of the law, other legal acts (article 168 of the civil code);

- committed with a purpose contrary to principles of public order or morality (article 169 of the civil code);

- perfect for the view, without intention to create corresponding legal consequences - imaginary (clause 1, article 170 of the civil code);

- committed with the aim "to cover" another deal - sham (item 2 of article 170 of the civil code);

prisoners with outside authority or to the detriment of the interests of the represented (article 174 of the civil code);

prisoners in respect of the property, the disposal of which is restricted or prohibited (article 174.1 of the civil code);

4) transactions with defects of the form (article 162, 165, civil code).

The law divides all invalid transactions into two types:

- relatively invalid or disputed transactions - transactions that are considered void on the grounds provided by law, in recognition of them as such by a court decision (for example, transactions made by a person limited in capability, or minors under the age of 14 years);

- absolutely void, or void

- the transaction invalid by virtue of the law, regardless of recognition as such by the court (for example, transactions entered into young, imaginary or feigned transaction).

The demand for recognition of a voidable transaction invalid can be filed by the transaction party or other person specified by law. It is null and void if violates the rights or legally protected interests of the person who is disputing the transaction, including leads to negative face effects. In cases where the transaction is disputed in favour of third parties, it shall be deemed invalid if violate the rights or legally protected interests of the latter.

The requirement about application of consequences of invalidity of insignificant transactions according to the General rule imposes the transaction, and in cases stipulated by law also other person. If a person has a legally protected interest in the recognition of a void transaction is invalid, then such requirement may be satisfied irrespective of the consequences of declaring such transactions invalid. A court may apply consequences of a void transaction on its own initiative, only if required to protect the public interest, and in other cases stipulated by law.

The law restricts the right of a party to challenge the transaction, in particular if:

the party knew or should have known of the existence of grounds for challenging the transaction, but her behavior reflects the intention to maintain the strength of this transaction;

- the party acted in bad faith, in particular its behavior after the transaction provided a basis for others to rely on the validity of the transaction.

The provisions of the law primarily aimed at protecting innocent parties who relied on the representations or conduct of the counterparty to the transaction and acted with the intention to fulfill it. They are designed to promote stability of civil turnover.

However, the statutory prohibition on the recognition of the disputed transaction void for those individuals who by their actions confirmed their intention to perform it (or approved it), establishes a General provision on the recovery of the disputed transactions: the impugned transaction cannot be reversed only at the request of a person who was willing to admit it unilaterally valid.

Contacts:

Office:   Moscow, Volgogradskiy prospect, Business center «TheCube», room 416
Legal services:  +7 (499) 391-57-55 ; +7 (916) 546-99-25 (hours)
Real estate services:   +7(499) 391-55-56
For customers speaking any of these languages -
English, Tamil, Malayalam, Telugu, Kannada, Hindi:
+7 (977) 288 59-95
Еmail: 89165469925@mail.ru; interlex17@rambler.ru

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