The recognition of transactions void: procedure and legal consequences

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2018-03-18 08:31:00

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According to the civil code (article 168), invalidation of transactions carried out in the case of the establishment of compliance standards. Requirements that must be adhered to when concluding agreements, can be defined in the law or another legal act. In this branch of law, in conflict with it comes the deal, is irrelevant. the recognition of transactions void

Key condition

The Law defines a group of agreements, conditions of which contrary to the regulatory framework. The recognition of transactions invalid are valid if there is intent. It can be present in any one or all participants simultaneously. Intent involves understanding the subject of the illegality of the action undertaken. Its presence is necessary to prove. So, for example, recognition by the IRS of the transaction void must be documented. This provision applies in particular to controlled contracts.

Legal consequences of invalidation of transactions

They depend on several factors. As a General rule (in establishing the intent of both parties) all property received by them under the contract, shall be recovered in favor of the state. If the conditions were fulfilled only by one party, everything received is taken from another subject. In addition, the property is also passed in favor of the state. If the intent was only one party, everything received in the transaction is returned to the other party, not knowing of the violation of legal requirements.

Classification

The Procedure and consequences of invalidation of transactions depending on their nature. So, for example, the law distinguishes a separate category, as the alleged contract. Their conclusion is aimed at creating the appropriate legal consequences. Imaginary are considered to be the Treaty regardless of the form of their detention, as well as the actual execution of these conditions. There is a category of sham transactions. They are also not focused on achieving relevant results. However, such contracts are concluded for hiding the other will of the parties. It is the proof of this fact leads to the recognition of transactions void. Thus, the rules established for contracts that actually meant. For example, the agreement on the sale, but hand made gifts. In this case the rules of sale. statements of claim about a recognition of transactions void

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Nullity

This property acquire all transactions of the incapacitated entity. This means that a citizen at the time of conclusion of the contract could not understand the meaning of their behavior and guide them. Incapacity is established by the courts. The recognition of transactions null and void in such cases involves the lack of results that they provided. If the conditions were fulfilled, the rules on bilateral restitution of property in kind. If return of material assets is not possible, is their monetary compensation. The legislation establishes additional rules. In particular, invalidation of transactions involves compensation to the injured party. This applies to cases when the competent entity knew or could have known about the incapacity of the other party. Together with the norms defined exception. The deal, which involved incapacitated, may be recognized as valid if it was concluded with a benefit for him. article 215 invalidity of a transaction

Special case

In some cases, invalidity of transactions takes place in situations where they were made, capable persons, but were at the time of their conclusion in a state in which they could not understand their actions and provide control over them. It will not have legal value the reasons for such failure. It can be external circumstances (illness, physical trauma, loss of a loved one, and so on) and depend on the subject (e.g., intoxication). In such situations, the fact of registration of the transaction in circumstances in which a person could not understand his actions and control them, must be proved. Testimony is not enough. Legislation provides for examination of the cases on invalidation of transactions made incapacitated. To check the status of the subject procedure is performed by qualified doctors.

the procedure and consequences of invalidation of transactions

The Invalidity of transactions made with minors

Citizens who have not reached 18 years, are still not regarded as fully operational. Therefore transactions committed by persons 6-14 years are void. With the exception of cases envisaged by article 28 of the CC (paragraphs 2 and 3). Statements of claim about a recognition of transactions void, in such situations, going parents, adoptive parents/guardians or another party. In such situations, rules are also applied bilateral restitution and damages shall be recovered in favor of minors. Together with this perfect action can have the benefit of a minor. In such cases, at the request of the Trustees, the parents, adopters of the transaction can be accepted as valid.

Details

Claims on invalidation of transactions may be sent to the legal representatives of persons aged 14-18 years. These citizens are also considered minors and, therefore, incapable. In connection with this transaction, which they are, I can admit insignificant. This is allowed if they are committed without the consent of the legal representatives, when you need it. This rule does not apply to minors who are capable (married, for example). As in the previous case, the consequences of invalidity would be a bilateral restitution and compensation of minors.  examination in cases of invalidation of transactions

In some cases, a subject can have a distorted view of your trades. Delusion must be present at the time of conclusion of the contract and to be significant. A distorted view may relate to the nature of the transaction or characteristics of the subject, greatly reducing the possibility of its use. Will not have a significant misconception regarding the motive of the contract. If the transaction is declared invalid due to the fact that it was committed in a state of delusion, the rules of mutual restitution. In addition, the injured party has the right to demand compensation of the caused damage. In this case the injured party must prove that the confusion appeared because of the defendant. If this is not done, the subject in which claim will be considered a nullity, the defendant shall compensate the actual damage. This rule applies in the case where the confusion came in not dependent on claimant circumstances. legal effects of recognition the invalidity of transactions

Bonded contract

The Transaction may be committed under different circumstances. They are not always favorable. For example, the transaction may take place under the influence of threats, violence, fraud, in connection with difficult vital circumstances. In such cases we say about the onerous contracts. The defendant in such situations is situation of the plaintiff and, one might say, leads him to a deal on unfavorable terms. Deception is the intentional introduction of another party into error, giving wrong, false information, the omission of important circumstances. Violence can be expressed in causing to the injured party or her family's moral or physical suffering. Threat - mental pressure on the subject. It is expressed in the statement about causing harm to the victim afterwards, if he does not agree to the deal.

The Presence of difficult circumstances

In Itself it does not act as a ground for invalidation. In this case, you must comply with additional conditions. In particular, the transaction should take place in the presence of grave circumstances on conditions extremely disadvantageous for the victim. It is also important that the defendant in this situation should take advantage of the difficult situation of the subject. That is, he must be aware of the plight of the plaintiff, and he uses it to benefit. recognition by the IRS of the transaction void

Results of onerous contracts

The recognition of the invalidity of any of the above grounds the defendant returns are all generated to the victim in kind. If this is not possible, the injured party is reimbursed for the value of the property in money. Received material values and also due to compensation of the victim shall be recovered in favor of the state. In case of impossibility to transfer property in kind, its cost shall be compensated with money and transferred to the budget. The victim may also demand compensation for the actual damage.

Statute of limitations

The statement of Claim may be filed within ...


Article in other languages:

AR: https://tostpost.com/ar/the-law/3613-the-recognition-of-transactions-void-procedure-and-legal-consequences.html

BE: https://tostpost.com/be/zakon/6367-pryznanne-zdzelak-nesapra-dnym-paradak-pravavyya-nastupstvy.html

DE: https://tostpost.com/de/das-gesetz/6367-die-anerkennung-von-transaktionen-nichtig-das-verfahren-und-die-rechts.html

ES: https://tostpost.com/es/la-ley/6373-el-reconocimiento-de-las-transacciones-canceladas-el-orden-y-las-conse.html

HI: https://tostpost.com/hi/the-law/3615-the-recognition-of-transactions-void-procedure-and-legal-consequences.html

JA: https://tostpost.com/ja/the-law/3614-the-recognition-of-transactions-void-procedure-and-legal-consequences.html

KK: https://tostpost.com/kk/za/6370-m-m-lelerd-zharamsyz-dep-tanu-t-rt-b-zh-ne-y-ty-saldary.html

PL: https://tostpost.com/pl/prawo/6372-uznanie-transakcji-za-niewa-ne-zasady-i-konsekwencje-prawne.html

PT: https://tostpost.com/pt/a-lei/6368-o-reconhecimento-de-opera-es-inv-lido-a-ordem-e-as-consequ-ncias-jur-d.html

TR: https://tostpost.com/tr/hukuk/6374-tan-ma-i-lemler-ge-ersiz-sipari-ve-hukuki-sonu-lar.html

UK: https://tostpost.com/uk/zakon/6372-viznannya-ugod-ned-ysnimi-poryadok-ta-pravov-nasl-dki.html

ZH: https://tostpost.com/zh/the-law/3919-the-recognition-of-transactions-void-procedure-and-legal-consequences.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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