The consequences of a void transaction. Art. 166 of the Civil Code of the Russian Federation. Disputable and void transactions

If you know the legislation of our country, it should be noted that we live in a state that is different from the legal point of view. But alas, reality is making adjustments. And in practice, in order to use the excellent legal base, you need to know it. And apply the available information. In order not to lose resources and time in the future, it is necessary to study a lot of the Civil Code of the Russian Federation. An insignificant transaction is one of the most important points that you should be aware of in order to act effectively in your interests.

general information

Initially, we will determine the legislative framework. Her role is performed by Art. 166 of the Civil Code of the Russian Federation. Therefore, when interacting with other subjects of legal relationships, it is necessary to focus on it. Art. 166 of the Civil Code contains several points. Although the subject matter of this article may be regulated by other laws, it is this article that is fundamental. After all, all other regulatory legal acts deal with particular situations. Further, legislative requirements will be discussed, as well as comments on them and examples will be given. Let's get started.

What does the law say?

According to the Civil Code of the Russian Federation, an insignificant transaction is an agreement that is invalid on the grounds that are established by legal regulation regardless of any recognition. There is one point - if the law is interpretable, then the court enters the case. And he decides whether to recognize it as invalid. In this case, it is recognized as contested. This is stated in the first paragraph of Art. 166. The second considers that the requirement to declare a transaction disputable may be put forward by a party to an agreement or by another person, as provided by law.

Recognition of it as invalid is also possible if it violates the interests of a person protected by law in the event of adverse consequences. If the transaction is disputed in the interests of a third party, then it may be recognized as such in case of violation of their position. The third paragraph says that recognition of a transaction as null and void may be declared by a party to the relationship or another person, which is prescribed by law in such cases. A demand for this can be recognized no matter what the requirement is put forward by an object, which has an interest protected by law. The fourth paragraph states that in case the public appears, as well as in other cases provided for by the legal field, the court may declare the transaction void on its own initiative. By the way, according to paragraph 5 of Art. 166 an application for invalidity may be rejected if the person who made it showed unfair behavior.

Commentary to the first paragraph

The law distinguishes two types of transactions - disputable and void. The first may be recognized as such by the court. Recognition of a transaction as null and void is based on the law. In this case, even if a positive court decision, it still can not enter into force. For it is against the law. In order to challenge the transaction or make it void, it is necessary to file a claim for its recognition as invalid. But that's not all. It is also necessary to mention the application of the consequences of the invalidity of a void transaction (or disputable, depending on what the work is being done with). But here it is necessary to note one point - in the first paragraph of Art. 181 of the Civil Code of the Russian Federation provides that claims can be filed only within three years after the conclusion. It should be noted that the legal outcome of a void transaction does not give rise to consequences. Therefore, it can be recognized as such from the moment of its commission.

Regarding the second paragraph

Some types of legal compositions of disputable and void transactions are defined in the Civil Code of the Russian Federation. So, the latter include:

1. Transactions committed with a purpose that undermine the foundations of morality and the rule of law.
2. If a citizen took part in the relationship, he was declared legally incompetent.
3. Transactions concluded by a person who has not reached the age of fourteen.
4. If at the conclusion of an agreement a violation of the form was allowed in cases provided for by law.
5. Transactions that were made in violation of the requirements for their state registration.
6. Fake and imaginary arrangements.

Of great importance for the disputed are the terms of the transaction. So, this process can be started if:

1. A legal entity at the conclusion of an agreement went beyond its legal capacity.
2. When signing the document, an official went beyond the powers that represented one of the parties (or all that, however, was rare).
3. The deal was confirmed by a minor whose age ranged from 14 to 18 years.
4. The conclusion of the agreement was made by a citizen, who is limited by the court in legal capacity.
5. The transaction was confirmed by a person that is not able to understand the significance of their actions or to manage them.
6. The conclusion of the agreements was carried out under the influence of delusion.
7. The transaction was completed with the use of fraud, violence, threat, due to a combination of difficult circumstances, malicious intent.

A little about the third paragraph

The criterion for a transaction’s contestability may be the position, if possible, to recognize it as invalid by certain persons. If this is not discussed, and only the possibility of such a situation is provided, then this means that the transaction is void.

As an example, we can consider articles 339, 560, 658, 835, 940 of the Civil Code and several others. But in this case, it must be borne in mind that only persons can appeal with a request to be recognized as disputable, which are directly indicated in the Civil Code of the Russian Federation. Although other federal laws have a list of them. Here is a small example. The Law on Joint-Stock Companies, namely, Articles 79 and 84, means that a transaction may be declared invalid if there is a claim if there have been violations of these provisions. There was an attempt to cancel Art. 84 and this case was examined by the Constitutional Court of the Russian Federation. And he decided that it must be considered in conjunction with the second paragraph of article 166 of the Civil Code. As you can see, the invalidity of a void transaction is confirmed at the highest level.

Although the disputed transaction cannot be recognized as such on the initiative of the court without presenting claims by persons who have the right to file them.

Note to the fourth paragraph

When public interests are affected, the court has the right to nullify the transaction. This is necessary to protect society or a certain part of it from conscious violation by certain stakeholders. The legal consequences of a void transaction void the issued documentation. Consider a small example.

In the city center there is a beautiful park. The City Council decided to transfer it to private hands in order to build a shopping and entertainment center in the future. The townspeople do not like it. In this case, they can file an application with the prosecutor's office or directly in person to the court so that he recognizes this transaction as null and void.

Single moments

From a legal point of view, it is necessary to distinguish between an invalid transaction and a non-concluded contract. You should also understand the difference between the termination of agreements and the refusal of them. Why? First of all, because of the grounds and consequences. So, to invalidate a transaction, its illegality is required, which is determined by law. Remember that this status is established from the moment the action begins. Whereas the termination of the contract is possible only for the future period.In order to invalidate a contested transaction, it is necessary to meet the statutory limitation period. The consequences are provided by the current legal regulation.

Specifications

Repetition is the mother of learning. What are the features of a void transaction? Consider the answer with examples. As such, they are called:

1. Invalidity in terms of legislation. Recognition of void transactions as such is carried out in case of inconsistency with the concluded agreement with existing legal practice. The recognition of this fact by the court is not required.
2. Legal consequences of a void transaction do not arise. Suppose two people have entered into an agreement on the sale of real estate. However, one side was incompetent. Because of this, the operation will not be considered completed. Therefore, all resources that have been transferred must be returned.
3. Exceptional consequences are possible, which are directly related to invalidity. For example, the return of money from the example discussed in paragraph 2. Basically, it is envisaged to return the situation to the position that existed before the conclusion of the contract. This process is called restitution. Although nevertheless, under certain conditions, compensation for non-pecuniary damage or loss that may result from all the manipulations can be made.

Speaking about the consequences of a void transaction, it is difficult to ignore restitution. This process involves the return of resources to their original state. One / both parties must return the property in the form in which they were received. If these requirements cannot be met, then a cash equivalent must be transferred.

And more about restitution

Depending on the situation, it can take the following form:

1. Bilateral restitution. Provides for the return of the parties received by them in cash or in kind.
2. Unilateral restitution. The violator at the same time returns what he received, and transfers his property to the state. Moreover, both nature and the monetary equivalent can be used.
3. Prevention of restitution. In this case, all the resources and property that the parties received (or should have) as a result of the conclusion of the contract are transferred to the state.
4. Compensation for real losses. In this case, moral and material damage is calculated.

What questions should I ask?

When a transaction is being processed, it is important that there are no negative consequences. This will help legal knowledge and the right questions. To understand the situation before signing the agreement, ask yourself these questions:

1. Do citizens have the legal capacity to participate in the operation?
2. Does the contract conclusion form comply with legal requirements?
3. Does the expression of the will of the parties to the transaction correspond to their own internal freedom?
4. If an agreement is reached with the trustees, does it correspond to the interests and rights of their wards who are legally incompetent or minors?
5. The ultimate goal of the operation is the real legal consequences or is it a fiction, and is the transaction really imaginary?
6. Does the content of the transaction comply with the legal acts of the Civil Code of the Russian Federation and the moral principles of the company?

By answering this short list you can save yourself from most sad situations.

Conclusion

So it was examined what constitute void and contested transactions. Of course, such a small article is not enough to easily understand this topic due to the existence of a large number of different nuances. But this already applies to practice, and such knowledge can be obtained by understanding the situation at the place of work or consulting with a competent and legitimate person.

However, for general information provided information will be sufficient.