Challenged transaction: consequences and timing

According to domestic legislation, actions of legal entities / individuals aimed at changing, establishing or terminating civil duties and rights are recognized as a transaction. This provision is provided for in Art. 153, Part 1 of the Civil Code.

Main elements

In a transaction, you need to distinguish between two components:

1. Subjective (will).
2. Objective (expression of will).

Both of these elements are equivalent and obligatory. It is in their unity that the essence of the transaction is laid.

The presence of vice

In Russian law, such a concept as invalidity is established. This means that in the actions of the subject there is some kind of vice. Its presence in a particular element leads to the absence of legal consequences when concluding a transaction. But, given the fact that the action itself has an external form, the fact of the presence of vice is subject to observation. Invalid transactions are classified depending on whether a court decision is necessary to recognize it or whether it is such regardless of this act. The distinction is set to Art. 166 GK. In the provisions of the article, the above agreements are classified as void and contested transactions. Consider their features in more detail.

Legal aspect

In domestic law, the first attempt to distinguish was made in the draft Civil Code. However, it did not become a valid regulatory act. The insignificant and disputed transactions were perceived by domestic legal science under the influence of German pandectics. The draft code did not provide clear terminology, did not use systematics in the field of this distinction. Similarly, the first Civil Code of the USSR did not record these concepts, expressing their differences only in descriptive form. With the adoption in 1994 of a new part of the code in domestic law, the official definition of nullity and voidability first appeared. Moreover, the terms themselves are quite widespread in the provisions of normative acts and judgments of the judiciary.

Declaring a transaction disputable

As a rule, in practice, questions regarding the availability of will and its correct reflection, the absence or presence of the consent of the trustee / guardian to carry out actions are subject to proof. Recognition of the disputed transaction as invalid falls within the competence of the court. No one except him, including any state agency, has the right to call the agreement such. If a claim demanding to declare a transaction disputable is not filed within the time period established by law, it shall be considered valid. The Civil Code provides for cases where a court may classify contracts into the category in question. In particular, a transaction is recognized as disputable if it is completed:

1. A legal entity that has gone beyond its legal capacity.
2. Minors over 14 years old without the consent of the trustees / parents.
3. A citizen with limited legal capacity due to abuse of drugs or alcohol.
4. Authority or representative of a legal entity in excess of authority.
5. A citizen who is not capable of understanding the meaning of his behavior and leading it.
6. Under the influence of violence, deception, delusion, malicious agreement, threat, or during a combination of difficult life circumstances.

Other transactions are considered void by law. These, in particular, include those that are perfect:

1. An incompetent citizen.
2. In violation of the requirements of the law.
3. For a purpose that is obviously contrary to the foundations of morality or the rule of law.
4. Without complying with a notarial form or state registration procedure.

This category also includes feigned and imaginary agreements.

The nuance of the law

The Civil Code provides a fairly large list of grounds on which the agreement may be considered null and void. Some lawyers say that almost any contract can act as a contested transaction. In this case, one important point stipulated by law should be mentioned. It concerns the legal regulation of invalidity and consists in the fact that the same transaction can be recognized as such for two or more reasons. However, some authors conclude that there are no fundamental obstacles to declaring the agreement null and void several times for various reasons. Such a situation negatively affects the stability of civil turnover.

Implications of a disputed transaction: general rules

If the disputed transaction is invalid, then it entails a number of measures that are aimed at preventing its existence, eliminating the results and impact on the participants. An agreement that is declared null and void must be terminated and must not be enforced. This prerequisite must be fulfilled regardless of whether the disputable a fake deal imaginary or any other, contrary to the norms. The grounds under which the agreement was called null and void affect the fate of the property. In this regard, it is important that there are motives in the court decision, according to which the disputed transaction loses its legal significance.

Restitution

If the disputed transaction has lost its legal significance, the fate of the property participating in it must be determined. Restitution applies to such situations. It means that each party should return to the other everything that was received under the contract in kind. If it is impossible to do this, including in cases where the received is expressed in the use of material values, the service provided or the work performed, participants must reimburse the cost in money, unless otherwise provided by law. According to some authors, restitution, both two-sided and one-sided, in any case acts as a sanction. However, other lawyers say that bilateral reverse exchange cannot be considered as such. They argue this with the fact that in this case, the contested transaction and further restitution do not cause additional adverse circumstances for the participants.

Temporary restrictions

The legislation establishes the terms of the disputed transaction. In particular, it lasts until the court finds it null and void. From this point on, it is recognized as invalid from the date of conclusion. Agreements which presuppose termination in the future become invalid for the coming period. Legislation established the limitation period of the contested transaction. The corresponding application can be submitted within a year from the moment when the person concerned should have received or received information about the relevant facts and grounds.

Legal defense

Undoubtedly, when making transactions of any kind, it is necessary to protect yourself from probable adverse consequences. First of all, the parties should have a clear idea of ​​the goals and features of the agreement. Their will should be voluntary, and they themselves should not be influenced by any undesirable circumstances. If, for some reason, a controversial transaction was concluded, then in order to restore your rights and infringed interests, you should go to court. Legislation guarantees citizens and legal entities legal protection in this area.

Statement of claim

It is compiled in accordance with the general rules. Requirements must be present in the request:

1. The name of the court.
2. Contact details and full name applicant and defendant.
3. Document's name.

The content of the statement should clearly and clearly reflect the essence of the problem. Lawyers recommend that all circumstances of the case be stated in chronological order, starting with the conditions under which it became necessary to conclude such an agreement. The following should be argued that this agreement should be considered a disputed transaction. In this case, the position of the applicant must be documented.

Such evidence may include certificates (on recognition of incapacity, from the guardianship and guardianship authority, etc.) and other papers that are of significant importance to the court. It is advisable to provide links to articles of the law. At the end of the text, you must clearly state your requirements. After this, you should give a list of applications (documentary evidence), put the number and sign. The number of copies and supporting papers must be equal to the number of participants in the proceedings. If there is one defendant, then there should be three statements. One copy is sent to the defendant, the second remains in court, the third - at the plaintiff. In order to avoid errors in the preparation, it is advisable to contact a qualified lawyer.

Conclusion

In judicial practice, cases of recognition of the contestability or nullity of transactions are quite common. Persons whose rights are infringed upon by the conclusion of such agreements should be prepared for the fact that upon satisfaction of their requirements by the court they will need to return everything that they received under the terms of the contract. In general, as a rule, there are no difficulties with the implementation of the solution. If one party or another evades fulfillment of obligations, you will have to go to court again. Defendants, like plaintiffs, have the right to protect their own interests. If, in their opinion, the applicant makes insignificant arguments, they may submit to the court other evidence of their innocence. If a decision is made in favor of the plaintiff, the defendant has the right to appeal it in the manner prescribed by law.