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Civil law. Parts I, III and IV. Types of invalid transactions (most important)

Lecture notes, cheat sheets

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22. TYPES OF VOID TRANSACTIONS

Void deal void due to non-compliance with the law at the time of its commission without a special decision on this matter. It does not have to be executed, but in exceptional cases the court may recognize it as valid.

Challengeable deal gives rise to legal consequences at the time of its commission, but these consequences can be annulled by the court at the request of a certain circle of persons and on the grounds provided for by law.

As a general rule, all invalid transactions are void, and voidable - only in cases provided for by law. If the law does not specifically indicate whether this transaction is voidable, one should pay attention to whether there is an indication of the law to recognize the transaction as invalid by the court. In its absence, the transaction is void.

Proving in court is subject to basically the correct reflection of the will in the will of the parties to the transaction or the presence or absence of the consent of the legal representative of one of the parties to the transaction. If a claim for recognition of a voidable transaction as invalid is not filed with the court within the established limitation period, the transaction is considered valid.

Regardless of whether the transaction is voidable or void, if it is executed, the interested parties may apply to the court with a claim to apply the consequences of its invalidity to the transaction. In addition, in some cases, the law provides for the possibility of "reanimating" a void transaction, i.e., recognizing it as valid (transactions made by incapacitated citizens for their benefit; transactions that have not passed state registration or not clothed in a notarial form due to evasion of this procedures of one of the parties).

Statute of limitations one year for voidable transactions and ten years for void transactions. Beginning of the limitation period for voidable transactions made under the influence of violence (threat) - the day the violence (threat) ceases; for other voidable transactions - from the day when the interested person found out (should have known) about the circumstances that are the basis for the invalidity of the transaction; for void transactions - from the date of commencement of their execution.

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