Civil law. Parts I, III and IV. Invalid transactions (most important)

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Civil law. Parts I, III and IV. Invalid transactions (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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21. VOID TRANSACTIONS

Invalid transaction - a transaction in which at least one of the following features is defective.

Conditions for the validity of transactions:

▪ the object of the transaction must not be withdrawn from civil circulation;

▪ the subjects of the transaction must be legally capable;

▪ the form of the transaction must comply with the law;

▪ the will of the parties must be genuine;

▪ the content and legal result of the transaction must not contradict the law.

Consequences of declaring a transaction invalid: such a transaction does not give rise to legal consequences. Sometimes not the whole transaction is invalid, but some of its conditions. In this case, the invalidity of a part of the transaction does not discredit the entire transaction as a whole, if it can be assumed that it would have been made without its invalid part. That is, the recognition of the invalid part of the transaction does not entail the invalidity of its other parts.

In the general case, the main consequence is the restoration of the original property status of the parties, which is achieved by bilateral restitution - the return by the parties to each other of everything received under the transaction in kind or in money.

In some cases it is possible unilateral restitution - return to the original state only of the innocent party, and the return to the guilty party is collected in the state revenue, as well as non-restitution - recovery of the state income received by both parties under the transaction.

A party that has deliberately made a knowingly invalid transaction, along with the obligation to return to the counterparty received from him under the transaction, is subject to a number of civil sanctions:

1) for transactions made with incapacitated or partially incapacitated citizens - the guilty capable party (who knew about their incapacity) is obliged to compensate the victim for the actual damage incurred by the execution of the transaction;

2) for transactions made under the influence of a delusion, the party guilty of the occurrence of the delusion compensates the other party for the real damage suffered by that party from the consequences of this delusion: the execution of the transaction or from its recognition as invalid;

3) for transactions made under the influence of deceit, violence, threat, malicious agreement of the representative with the other party, a combination of difficult circumstances - the guilty party is obliged to compensate the victim for the real damage incurred by the execution of the transaction; the property due under the transaction to the injured party from the guilty party is transferred to the income of the Russian Federation;

4) for transactions made with a purpose contrary to the foundations of law and order or morality, the property due under the transaction to the guilty party (or both guilty parties) turns into the income of the Russian Federation.

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