The concept and grounds for invalidity of transactions

The transaction is the actions of citizens and legal entities aimed at changing, establishing, terminating duties and rights. When they are committed, as a rule, contracts are signed. Legislation makes a number of requirements to such agreements. In case of their non-fulfillment of the transaction can be recognized as invalid. Normative acts stipulate the circumstances under which this is allowed. . Consider further the grounds for the invalidity of transactions provided for by the Civil Code of the Russian Federation .

Article 166

: In this norm, the types of grounds for the invalidity of transactions are fixed:

1. Due to the recognition of the agreement, inappropriate legal norms in the courts.
2. Regardless of the court decision.

In the first case, they speak about the disputable, and in the second case - about insignificant transactions. Apparently, there are differences between them. First of all, they concern the grounds of invalidity. может быть признана таковой в первую очередь в силу положений гл. An insignificant transaction can be recognized as such primarily because of the provisions of Ch. 9 of the Code. The norms of this chapter establish general rules. . In addition, there are special reasons for the invalidity of transactions . They are fixed by the provisions of other articles of the Code, as well as by other normative acts.

General grounds for invalidity of transactions

They are fixed by different articles of chapter 9 of the Code. называет совершение их с целью, противоречащей основам нравственности и правопорядка. Thus, Article 169, as the basis for the invalidity of transactions, refers to their commission for a purpose contrary to the principles of morality and law and order. Such agreements are also called antisocial. Imaginary and imaginary transactions are considered void. About them it is spoken in 170 article. The basis for the invalidity of transactions is also the commission of their persons recognized incompetent because of a mental disorder. This circumstance is fixed by 171 articles. закреплено нормами 172, 162 и 165. Ими являются заключения соглашения: Three more grounds for the invalidity of transactions are fixed in rules 172, 162 and 165. They are the conclusion of the agreement:

1. In violation of the requirements for state registration (Article 165, paragraph 1).
2. Minors under 14 years of age. (172 articles).
3. In violation of the form, if its compliance is mandatory by virtue of direct instructions in the law (paragraph 1 156 of the norm and paragraphs 2, 3 of Article 162).

Special cases

In the legislation, as already mentioned above, special grounds for invalidity are also fixed. Negligible are transactions:

• Perfected by a guardian who did not receive prior consent from the guardianship and trusteeship agencies, without benefit to his ward, etc.
• Referred to the restriction of the person's or legal capacity.

Disputable transactions

The recognition of their invalidity is also carried out on general and special grounds. The first should include the conclusion of agreements:

1. A legal person with a way out of legal capacity.
2. The minor is 14-18 years old.
3. With going beyond the powers to conclude an agreement.
4. A person who is limited in legal capacity by a judicial decision.
5. A citizen who is incapable of understanding the meaning of his behavior and leading him.

. Separately, we should also mention three reasons for the invalidity of transactions . Do not meet the requirements of the rules of law, actions committed under the influence of:

1. Misconceptions.
2. Threats, violence, deception, malicious agreement.
3. Severe life circumstances.

Special conditions for recognizing the invalidity of disputable transactions are provided for in federal laws. Examples can be found in Federal Law No. 14 and Federal Law No. 208. In these normative acts, major transactions and agreements with interest are among the contested ones. The Family Code also provides for the controversy of the actions of one of the spouses by order of common material values without the consent of the second spouse.

Anti-social agreements

, необходимо отметить, что все они в той или иной степени противоречат нормам морали и представляют опасность для правопорядка. Considering the concept and the grounds for the invalidity of transactions , it should be noted that all of them in one way or another are contrary to the norms of morality and constitute a danger to the rule of law. However, the law separately establishes the category of antisocial agreements. This need is probably due to the fact that in practice certain types of transactions can cause significant damage to public and state interests. Among them, for example, include the sale and purchase of military weapons that relate exclusively to the property of the country, unauthorized persons, actions aimed at selling narcotic compounds, and so on. подчеркивает серьезность опасности, которую они несут. Establishing a discrepancy with the norms of morality and violation of the foundations of law and order as grounds for the invalidity of transactions, the Civil Code of the Russian Federation emphasizes the seriousness of the danger they bear. The objective side of such agreements is formed, as a rule, by criminal conduct of individuals. Subjectively, such transactions involve the existence of an indirect or direct intent. In some cases, both sides of the legal relationship act deliberately.

Imaginary agreements

выступает факт отсутствия намерения создать правовые последствия. As a reason for the invalidity of the transaction is the fact that there is no intention to create legal consequences. The feigned agreement is "for the species". It is not aimed at changing, establishing, the emergence of duties and rights. Such transactions may be committed for unlawful purposes. For example, the parties agree on the conclusion of an agreement on the alleged donation of property. The goal may be the desire to hide the object from imposing a penalty on it by a judicial decision. Parties may not pursue an unlawful purpose. . However, in any case, if it is determined that they did not have in mind the occurrence of legal consequences when concluding the agreement, this fact will be regarded as the basis for the invalidity of the transaction .

Pretending agreements

They differ from imaginary contracts in that they are aimed at covering up another, as a rule, illegal transaction. A pretentious agreement is also made for the species. However, it has a specific goal - to cover another contract. Because of this, it is recognized as insignificant. To the transaction, which the legal entities actually had in mind, the rules that are established by law for it are applied. In this case, it can itself be both real and invalid.

Participation in the agreement of incapable

следует обратить особое внимание. On these grounds, the invalidity of transactions should pay special attention. The agreements concluded by persons who were recognized as legally incompetent by the court are void because they have no ability to carry out independent, purposeful activities and evaluate its results. This category of agreements includes all contracts concluded incapacitated. These include small household transactions. Meanwhile, the legislation contains one essential reservation. At the request of a guardian of an incompetent person, an insignificant transaction can be recognized as valid if committed to the benefit of that person. The relevant provision is enshrined in 171 articles of the Code (paragraph 2). If, at the time of the conclusion of the agreement, the subject was not recognized as incapable by the court, but because of his mental disorder could not understand the meaning of his behavior and manage it, the contract under the claim of the guardian can be recognized as invalid.

Transactions with minors under 14 years

As a general rule, such agreements are considered null and void. An exception is the transactions provided for in Article 28 of the Code (paragraph 2). Children are not fully able to independently and purposefully assess their behavior and its results. Meanwhile, at the request of legal representatives, an agreement can be recognized as valid if it is concluded for the benefit of the child. Of course, transactions made by persons who have not attained the age of six will be void. This is due to the fact that such children can not be recognized as even severely incapacitated.

Violation of the form

допускает применять только в случае прямого указания в законодательстве. As was mentioned above, such a basis for invalidity of transactions of the Civil Code can be applied only in case of direct indication in the legislation. The nullity of the agreement in such situations is due to the fact that it was not given a proper form from the point of view of the law that allows to correctly perceive the will of the subject and to regard this form as legitimate.

Non-compliance with the registration rules

In a number of cases, even in the absence of violations in the form of a transaction, it can be declared invalid if the procedure for state registration is not fulfilled. The most striking example is the contract of sale and purchase of real estate. For the transfer of property rights, such an agreement must pass state registration. Failure to comply with the procedure entails the defectiveness of the legal structure, the completeness of which is necessary for the appearance of legal consequences permissible by standards and desired by the participants in legal relations.

Grounds for invalidity of a disputable transaction

In practice, quite a lot of agreements are concluded by legal entities with going beyond their legal capacity. This category of contracts is divided into the following independent types:

1. The contracts executed by the person in a contradiction with the purposes of activity established by the constituent documents. For example, it could be a trade agreement concluded by an insurance company or a commercial bank.
2. Transactions committed by a person who does not have a license to conduct the related activities.

A permit is considered to be absent if:

• It is withdrawn by the authorized body that issued it;
• Was not received;
• The term of its validity has expired;
• The amount of rights granted in the permit has been exceeded.

Going beyond authority

The disputability of transactions in such cases is recognized when there are a number of conditions. First of all, the powers should be strictly limited to the contract or constitutive documents in comparison with how they are established in the legislation, power of attorney, or as they become apparent on the basis of the situation. Secondly, the legal entity's body or citizen, concluding the agreement, must go beyond the limitations mentioned above. Thirdly, the second participant in legal relations knew or should have known about the established limits of authority.

Agreements concluded under the influence of fraud

They are contested because one participant is intentionally misled before reaching a goal beneficial to the second party (cheating). Such actions may be carried out by a counterpart or a third party. At the same time, the latter can act in legal relationships both on behalf of the counterparty and independently. To recognize the invalidity does not matter how exactly the deception is done. It can be, for example, active and expressed in an intentional message of unreliable information. Deception is also considered non-reporting of information that is significant for the second party. In addition, when recognizing the invalidity of such transactions, the presence / absence of mercenary purposes is not taken into account, and the deceiving person is brought to account for fraud.

Effects

. The legislation establishes both the grounds and consequences of the invalidity of the transaction . The basic rules are established by 167 articles of the Code. Normally it is stated that invalid agreements do not give rise to legal consequences, except those that are associated with its illegality. A party to an agreement that knew or could have known about its non-compliance with its rules of law is considered an unfair participant. As a general rule, in case the invalidity of the transaction is recognized, each party must return the other all received by agreement. In some cases, however, the fulfillment of this prescription is impossible for objective reasons. For example, property is damaged, destroyed, etc. In such situations, the law provides for the possibility of the injured party to seek compensation for material values, unless otherwise stipulated by the rules. If the essence of the agreement implies that it can be terminated only for the future period, the court, recognizing the invalidity of the transaction, terminates its operation, respectively, for the future. In paragraph 4 of Article 167 of the Code there is a reservation of special practical importance. Normally it is stated that the court may not apply the consequences of a transaction that has been declared invalid if it does not agree with the basics of law and order or morals. Of course, the corresponding decision must be motivated. For this, the court is obliged to thoroughly study the circumstances of the case, the conditions in which the agreement was concluded and many other significant factors.