Table of contents (expand)
- The concept of civil law (GP)
- Correlation of civil law (GP) with other branches of law. HP as a science and academic discipline
- Sources of civil law (GP). civil law
- Operation and application of civil law (CL)
- The concept and structure of civil legal relations (GP). Types of civil legal relations
- Grounds for the emergence, change and termination of civil legal relations
- The concept of subjects of civil legal relations. Citizens as subjects of civil legal relations
- Restriction of legal capacity of citizens
- Legal entities as subjects of civil legal relations
- Creation and termination of a legal entity (LE)
- The state as a subject of civil legal relations
- Business companies
- Business partnerships
- Production cooperative
- Unitary (state and municipal) enterprises. Non-Profit Organizations
- Objects of civil legal relations and their types
- Concept, definition and classification of things
- Securities as objects of civil legal relations
- The concept of a transaction and types of transactions
- Form of transactions
- Invalid transactions
- Types of invalid transactions
- The concept and meaning of representation
- Grounds for the emergence and types of representation
- Power of attorney
- The concept and types of terms
- Limitation period, the beginning of the limitation period
- Break, suspension, restoration of limitation periods
- Subjective civil rights and obligations. Implementation of subjective civil rights
- Civil liability, its types and significance
- Civil liability: grounds for occurrence and release
- Forms and sizes of civil liability
- Real right, property, property right
- Types of property rights. Grounds for the emergence and termination
- Right of private property of citizens
- Right of private property of legal entities
- State property right
- Municipal Property Law
- The concept of inheritance
- testamentary succession
- Legacy Inheritance
- The procedure for acquiring an inheritance. Discovery and protection of inheritance
- Acquisition of an inheritance
- Features of inheritance of certain types of property
- Legal regulation of common and shared property
- Legal regulation of joint ownership
- Real rights of persons who are not owners. Rights of persons who are not owners of land plots
- The right of economic management and operational management of property
- easement rights
- Civil law ways of protecting property rights. Vindication and negator claims
- Concept of obligation
- Commitment Structure
- Classification of obligations
- The concept and meaning of the contract
- Content and form of the contract
- The concept, methods and meaning of termination of obligations
- Features of individual methods of termination of obligations
- Ensuring the fulfillment of obligations. forfeit
- Pledge, retention, guarantee
- Bank guarantee. Deposit
- The concept of intellectual property
- The concept of exclusive right
- The main novelties of part IV of the Civil Code of the Russian Federation
- Disposition of the exclusive right
- Copyright concept
- Types of copyright objects
- Subjects of Copyright
- Subjective copyright. Exclusive rights
- Other property rights
- Personal non-property rights of the author
- Patent Law
- Means of individualization
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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