Every day in our country many transactions are made. This is the rental of residential and non-residential premises, and the sale of movable and immovable property, and many others. But not all of them eventually acquire legal legal status.
Invalid transactions do not give rise to any consequences arising from legal transactions, and in addition entail certain sanctions. Let us examine in more detail the concept and types of transactions that are invalid.
General information
A transaction means actions of a legal nature of legal entities and individuals that are aimed at changing, establishing or terminating civil duties and rights. Transactions are multilateral, bilateral and unilateral. The concept and types of transactions are enshrined in the Civil Code. They can be concluded both orally and in writing (in other words, notarized). Of course, in order to subsequently prove that the transaction was indeed completed, it must be recorded in writing. Oral is extremely difficult to prove.
Notarial certification
Consider in what cases it is required.
- Any transactions made by legal entities bilaterally, unilaterally and multilaterally, as well as between them and individuals.
- Transactions between citizens for a sum of money that exceeds the minimum wage more than ten times. As well as other transactions, notarization of which must be completed in accordance with the law.
Otherwise, they can be included in the types of invalid transactions. If these rules are not followed, the parties are not entitled to refer to such papers in the event of a dispute.
Challenging Deals
The legislation provides for the type of invalid transaction that may remain valid, - disputable. Deal The Civil Code of the Russian Federation is recognized as disputable if it can be valid until the persons whose interests are affected by it, or one of the parties has requested the recognition of the transaction as invalid. That is, the parties themselves must become the initiators of the recognition of the document invalid. Then the transaction gives rise to all legal consequences, as well as the usual.
Void Transactions
The Civil Code recognizes invalid transactions as not always disputable, sometimes they are absolutely invalid, that is, void. Such actions do not and cannot give rise to any legal consequences desired for participation in the transaction.
Transactions concluded under fraud when one of the parties misled the other, for example, by showing false documents, are recognized as void. Suppose a seller presents a false quality certificate to a buyer.
Grounds for declaring the transaction null and void
Transactions that are made by citizens who are recognized as legally incompetent due to the fact that they have discovered a persistent mental disorder (in court), as well as under the age of 14, are not completed and do not entail any consequences, that is, they are absolutely invalid .
Fake and imaginary transactions in other words, perfect for the species and without intentions to create the accompanying legal consequences, are considered invalid. They are initiated to mislead someone. For example, people give a house under a deed of gift to their loved ones, and thus this property cannot be seized in order to pay alimony obligations.
Disputed transactions are those that go beyond the authority of the persons committing them, while the other party must be aware of this.Until someone asks to declare such a paper invalid, it is considered disputable. This also includes transactions with persons from 14 to 18 years old, limited in legal capacity or with those who were declared legally incapable after the transaction, and at the time of its completion it was already such, but without official recognition by the court.
Contradiction to legislative acts
Non-compliance of the transaction with the law is the reason for invalidating it. This is enshrined in article 168 of the Civil Code. This norm of the law is applicable to all cases in which the content of the transaction and its result contradict the norms of the current legislation. The exception is cases when it is possible to declare such a paper disputable at the legislative level.
In order for the above article to be adopted when the transaction is recognized as invalid, the fact of non-compliance of the procedure with the law is necessary. The absence of intentional guilt of the parties or its presence for applying the sanctions of the article has no legal value. Indeed, ignorance of the law does not exempt persons from liability.
So, a transaction under a lease or free use of a dwelling that is not transferred to non-residential in the procedure established by law for this action for any needs not related to the residence of people is void. Suppose that the owner of a residential apartment decided to turn it over to someone for a store. This transaction will be declared null and void, because it contradicts Article 288 of the Civil Code of the Russian Federation.
Types of invalid transactions entail bilateral restitution, in other words, the return of each of the parties to their original property status. In this case, damaged property must be reimbursed along with monetary compensation.
Against morality and the rule of law
Article 169 of the Civil Code establishes another type of invalid transaction - committed intentionally with a purpose that is obviously contrary to the foundations of the current law and order and morality. Such an insignificant transaction must comply with the following criterion: violate legal norms that are aimed at ensuring the rule of law (protection of the constitutional order, freedoms and human and civil rights, defense of the country, security in the economic system).
For example, an order to kill a person cannot be recognized as legal. Also, drug sales contracts are invalid transactions. The grounds for invalidating these securities are as follows: the distribution of these substances on the territory of our country is recognized as an illegal and socially dangerous act.
Another option - at the same time as violation of the rule of law, the transaction should be contrary to public morality. This may include a violation of the long-held beliefs in society about what is recognized as good and what is evil, bad and good, virtue and vice.
Another important sign in order for a void transaction to be recognized as such is the presence of malicious intent on at least one of the parties. In other words, at least one side should be aware that this procedure will have exactly this nature of consequences. Or, at least one of the parties must reveal a desire and take actions so that such consequences occur.
The application of sanctions under Article 169 of the Civil Code of the Russian Federation follows only if at least one of the parties to the transaction has fulfilled its obligations under it. If there is intent and execution of the transaction by the parties, everything received on it shall be exacted in favor of the Russian Federation. If only one of the parties had intent, unilateral restitution is applied, in other words, the party making the transaction with negative intent should return everything due to the other side.
Undesirable consequences
All types of invalid transactions may entail one of three negative consequences, namely:
- Bilateral restitution.In other words, restoration of the initial state of two parties. Each of the parties to the transaction is obliged to give to the other party everything acquired in it in kind, and if this is not possible, then in the form of monetary compensation.
- Unilateral restitution. In this case, one party makes the return to the other. This type of restitution is used in cases where all the fault that the transaction turned out to be invalid lies only on one of the parties. For example, if one party did not know that the other did not have legal authority to complete the procedure. All that the innocent party had to compensate the other, it gives in favor of the state. The culprit does not receive anything.
- Prevention of restitution. All received by both parties, due under a transaction recognized as invalid, is collected in favor of the Russian Federation. However, this does not cancel the right of one of the parties to demand compensation from the culprit for the invalidity of the transaction.
Additional Consequences
In addition to the main consequences, some types of invalid transactions entail more serious sanctions. These may be property obligations to compensate the other party for actual damage suffered, that is, expenses for damage and loss of property, expenses incurred in connection with litigation, etc. In the event that the transaction was declared invalid due to deliberate actions against morality and law and order, criminal sanctions may follow. So, undermining the constitutional system of the country provides for punishment in the form of real imprisonment.
Limitation of actions
The limitation period at the request of one of the parties for the recognition of the transaction, which is disputable, invalid, is exactly twelve months. The calculation of this period starts from the moment when the plaintiff has learned that there are circumstances in which the procedure may be invalidated. Or when the threat of violence was stopped, which served as the circumstance by which the plaintiff made a deal. For an absolutely invalid transaction, the limitation period is three years. It starts from the day when any of the parties began to fulfill its obligations.
