Invalidity of the contract: grounds, practice

What is the invalidity of the contract? How does the process of recognizing a transaction work? The answers to these questions will be given in the article.

Recognition of a transaction as invalid: a general characteristic of the process

The process of recognizing a transaction as invalid has a significant effect on the overall outcome of legal relationships. Before we disassemble how this process can be implemented and what results it will have, it is worthwhile to turn to more general concepts. In particular, it is necessary to disassemble the very concept of a treaty.

A treaty is an agreement between two or more persons wishing to obtain a certain result from a particular process. As a rule, the contract affects civil legal relations, namely, their creation, termination or change. However, often everything does not go as smoothly and simply as we would like. Circumstances can vary considerably, as a result of which the contract becomes unnecessary or irrelevant. It is here that the process of recognizing the transaction failed, which almost always leads to the invalidity of the contract, helps out. So, the question arises of its cancellation.

Invalidity of the agreement: how not to admit?

Recognition of the invalidity of the contract, it should be noted, the procedure is rather unpleasant and in some way offensive. In addition, this process almost always leads to significant losses for parties that have fixed a treaty. Bankruptcy, confiscation of property, impoverishment of the organization and many other not very pleasant consequences can be expected immediately by both parties, the contract between which is subject to termination. How can I prevent a problem? To answer this question is almost impossible, because anything can happen. However, there are a number of recommendations that you should always keep in mind when drafting a treaty. First, it is necessary to carefully read and analyze each prescribed item. It is necessary as competently as possible to assess all possible risks that may arise when concluding a contract. Secondly, you need to have a fairly complete picture of the party with which the contract is concluded. In particular, this applies to cases where the contract relates to the sale or exchange.

On Freedom of Contract

A common citizen who knows the essence of Article 1 of the Civil Code of the Russian Federation, there can arise quite a logical question: is it possible to raise the issue of such a topic as the invalidity of the terms of the contract at all? After all, it is the first article of the Civil Code that establishes a provision on freedom of contract. This is really an important principle; According to it, any person has the right to choose and include any terms in his contract, as well as to conclude it with any counterparty. How is this problem solved?

It has long been known that there should be no absolute freedom in a developed society. Despite the fact that even treaties are free, and it is enshrined in legislation, it is worthwhile to understand that any actions must comply with the law and the law. That's why many lawyers define the invalid contract as an offense. For him, in particular, can be imposed a certain kind of sanctions.

2 types of invalid contracts

It is rather important to know that invalidity of the contract can be a consequence of two basic transactions: disputable and insignificant. What are these deals? The fundamentals of the economy are fixed by certain interpretations for these concepts. Thus, an insignificant transaction is considered invalid from the very moment of its conclusion, and disputable - a little later, and then, according to a special court decision. It is worthwhile to disassemble these two concepts in some detail.

An insignificant deal is always an illegal transaction. So, the contract can be concluded and even some time is valid, however it will be absolutely incompatible with the law. As an example, there are many cases: the privatization of an apartment without taking into account the children living in it, the purchase of a car by a minor, the conclusion of a contract without the consent of an important person, etc. The disputable transaction is a contract that has been in effect for some time, With a court decision. It is worth noting that an optional condition is the cancellation of the entire contract; So, some part or detail of it can be canceled.

Article 431.1 of the Civil Code: general characteristic

It is impossible not to mention the main legal source. The process of recognizing a transaction as invalid is enshrined in legislation, as well as the basic conditions of this process.

Part 2 of the submitted article fixes the provision that a party who has not fulfilled the contract, or has partially fulfilled it, does not always have the right to demand the cancellation of the contract. The conditions under which the transaction is recognized completed, are spelled out in separate articles. What are these conditions? Here everything depends primarily on the type of transaction. If everything is relatively clear with an insignificant contract, then it is not so easy to terminate a disputable type of transactions. The contract must contain a defect of will, content, subject or form. Only in this case, if (according to part 3 of the article) the interests of third parties are not violated, the contract can be terminated.

Thus, the grounds for invalidity of the contract are quite substantial and obligatory. Each of them will be described below.

The Flaw of Will

It has long been known that contracts should be concluded on the goodwill of the participants. Therefore, any contract, any transaction is a willful act. A signature is put, which is all drawn up. The signature of the participants in the transaction is a will. But what is the "vice of will," and why does it involve recognition of the invalidity of the treaty?

According to the law, nothing should influence the free expression of the will of a citizen. And even more so factors such as deception, threats, violent actions, etc. All this, of course, must be strictly suppressed and prevented. In fact, the vice of will is the simplest condition for the invalidity of the contract. Often, a person is exposed to illicit effects, accompanied by threats or violence; And then a person makes a contract against his will. If the defect of will is proved by the court, the contract is lawfully recognized as failed.

Vice in the subject

The subject concluding a particular contract must meet certain requirements. This includes, for example, legal capacity, some special professional status, the presence of other mandatory elements. Thus, an incompetent person is absolutely unable to conclude a contract. In this case, his insolvency is immediately recognized. However, there are some exceptions, which can be established by the court (for example, gaining the benefit of a contract by an incompetent person). In addition, persons who have not attained the age of 14 are unable to enter into contracts (with the exception of small domestic transactions, transactions that do not require notarization, etc.).

The disputable contracts are those concluded by a partly capable person, a person over 14 years of age, lawyers if they conclude a contract outside the scope of their legal competence (a special suit of invalidity of the contract may be filed), as well as some other citizens.

Content defect

The content of the concluded contract must be closely watched, and even be subjected to analysis by all persons that this contract is concluded. Otherwise, a content fault may occur. What is he like?

There are incredibly many varieties in the content of corruption: beginning with noticeable contradictions and gaps in content, ending with a clear and distinct opposition to legal and legal bases. This includes transactions that, according to Article 170 of the Civil Code, are contrary to the basics of morality and law and order. And it is here that one really big problem is formed: the concept of "morality" is not legislated. Because of this, lawyers can think for a long time about whether there is a defect in the contract, or it is not. However, the intent of this or that party, one way or another, should be revealed. Only thanks to the extensive analysis of the document, an assessment will be made of whether it is worthwhile to fix the invalidity of contracts.

Invalidity of transactions with form defects

The last defect that is worth analyzing is the defect of the form. He, in comparison with those mentioned above, is relatively simple. All its essence consists in discrepancy to certain norms. So, the contract can be banally incorrectly issued, as a result of which it is recognized as invalid.

The classical form of registration of contracts is presented legislatively. In the case if the contract does not conform to the form, it must be re-registered. Contracts are formalized orally or in writing. Oral contracts are always simple and are, as a rule, performed on the spot. As a result of the transaction, a special check or other form that confirms the conclusion of the contract (a simple example - the purchase of products in the store) can be issued. The written contract is divided into simple and notarial. Simple is made in the presence of witnesses and is sealed with signatures. Notary requires legal assurance.

The consequences of the invalidity of the treaty are always very large and unpleasant. It is necessary to remember about all the aforementioned vices, and, of course, try not to admit any of them.

Invalid and not concluded contract

What is the difference between an invalid contract and an unincorporated one, and why should not both of these elements be confused? It should be noted right away that, of course, the main sign of both documents is their insolvency. However, the concepts are still different.

It should be noted right away that the concept of "incompleteness" practically does not appear in any legislative act of the Russian Federation. So, the Russian Civil Code includes only the concept of an invalid contract. The difference between the concepts in this case is obvious: the invalid contract necessarily consisted, perhaps even for a while it functioned. An uncommitted transaction could only be planned, it was simply not possible to formalize it legally, did not want or did not have time. In this case, it is not worthwhile to confuse an unincorporated contract with the invalid, which is void. So, last though not legally, but still could be issued.

Invalidity of international treaties

In the case of international treaties, everything is not so simple. This topic is devoted to entire chapters and departments in the disciplines on international law. It also speaks of the Vienna Conventions of 1969 and 1986, which singled out the main conditions for the invalidity of treaties. This includes, in particular:

• Expiration of the required time frames;
• Execution of contracts;
• The onset of some events, which were discussed in the treaty;
• Denunciation (unilateral refusal of a state) of the treaty.

Thus, the invalidity of international treaties is not so easy to recognize. In addition, there may be some other conditions; They are all fixed in international law.