Contract law. Invalidity of contracts (most important)

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Contract law. Invalidity of contracts (most important)

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7. INVALIDITY OF CONTRACTS

The invalidity of the contract means that it does not entail the legal consequences that it was intended to achieve, but at the same time gives rise to the consequences established by law in connection with its invalidity. Such an agreement is invalid from the moment of its execution. The Civil Code of the Russian Federation divides invalid transactions into void and voidable.

A transaction is called void if it is initially invalid by virtue of the law, regardless of the existence of a judicial recognition of its invalidity, regardless of the desire of its parties. Void transactions do not entail the emergence, change or termination of civil rights and obligations to which they were directed. The requirement to apply the consequences of the invalidity of a void transaction may be presented by any interested person within 3 years from the date when its execution began.

A voidable transaction is a transaction that is invalid due to its recognition as such by the court at the request of an authorized person, which can be brought within one year from the day when the plaintiff learned or should have learned about the circumstances that are the basis for declaring the transaction invalid. Voidable transactions, until they are disputed, cause the legal consequences provided for by them, however, if they are disputed by an authorized person, then the court, if there are appropriate grounds, recognizes them as invalid, and from the moment they were committed (with retroactive effect).

Transactions with a defect in the subject - transactions of citizens who do not have the necessary legal capacity to complete them:

a) the transaction is made by a minor or incapacitated (the transaction is void);

b) the transaction by minors aged 14 to 18 years, as well as those with limited legal capacity (disputable transaction).

Transactions with the vices of the subjective side:

a) transactions in which the true will of the subject does not correspond to the will (imaginary and feigned transactions; transactions made under the influence of violence, threats; as a result of a malicious agreement between a representative of one party with the other party; committed by a citizen who is unable to understand the meaning of his actions or manage them );

b) transactions with defective formation of the inner will (transactions made under the influence of delusion, under the influence of deceit, and enslaving transactions).

Transactions with vices of form and content - failure to comply with a simple written form entails its invalidity in the case of a direct indication of this in the law, notarial - its invalidity; non-compliance of the terms of the contract with the law entails the invalidity of its part.

Author: Rezepova V.E.

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