A void transaction in the civil law of the Russian Federation

The transaction, in fact, is the will of the subjects, aimed at changing the legal relationship between them. Under the current legislation, people in personal or business needs enter into contracts that establish additional rules of conduct for themselves. The provisions of the law and a duly executed and signed contract for persons involved in legal relations are a guarantee of the opponent's performance of his duties. For oral (not requiring written expression) transactions, only regulatory requirements apply.

But the transaction made by persons must be within the framework of the legislation, otherwise it will not entail legal consequences, and the actions of the subjects will be recognized as unlawful. In this case, restitution occurs, often accompanied by losses for one or both parties to the contract.

A disputable and insignificant transaction is a form of invalid contracts. In the first case, the absence of legal force can be ascertained only by the court. A void transaction is recognized as such irrespective of the willingness of the parties, since in its conditions a gross contradiction to the current legislation was originally laid.

The above difference is of a formal nature and, in the opinion of some theorists, is due to the need to provide special protection to public interests. Negligible transactions in this case are related to the protection of the interests of society, while the disputable transactions - with the restoration of the rights of participants in specific legal relations.

The Civil Code of the Russian Federation contains a detailed description of situations where an agreement between the parties does not entail legal consequences. So, an insignificant deal takes place if it:

• Does not comply with a law or a legal act;
• Comes into conflict with the basics of law and order and morality;
• Is feigned or imaginary;
• Committed by persons who have not reached the age of 14 (except for small household transactions).

An important criterion for the a priori absence of legal force in a written or oral contract is its inconsistency not only with civil norms, but also with other branches of legislation. Such a criminal act, like paying extortioners, "contributing" to the return of a debt, is an insignificant deal.

An example of actions that do not entail legal consequences, contrary to the basics of morality - the export of prohibited products that are dangerous to human life and health.

An imaginary transaction is concluded without the intention to form legal consequences for the parties. For example, in the event of a threat of confiscation of property, a person can transfer it to another person's property by signing a gift agreement. These actions have no legal consequences in any case.

An insignificant deal can also be feigned. For example, in order to avoid paying a tax on the purchase and sale of valuable property, individuals can draw up a gift agreement. In this case, legal consequences entail a real (concealed) transaction. But if the purchase and sale in a particular case can not be made legally, then this contract will be considered null and void.