The limitation period for the recognition of the transaction is invalid. Art. 181 of the Civil Code

Any transaction should be concluded taking into account the numerous requirements of the law. Otherwise, it may be declared invalid, since it is disputed in court or is void. Often a transaction is invalidated only by court order. The plaintiff may be parties to such a transaction or third parties that are interested parties. The limitation period for declaring a transaction invalid depends on whether it is void or contested. If this period has passed, then it will be impossible to terminate the transaction even with the help of the court. But at the same time there are some situations in which the missed period is restored, if there are good reasons for this.

What does the term depend on?

The limitation period for invalidating a transaction depends on several factors:

• whether the transaction is null or void, since each situation has its own statute of limitations;
• it takes into account who exactly is the plaintiff, since the participant in the transaction or third parties may submit an application;
• whether a lawsuit is filed with a district or arbitration court;
• events and circumstances under which the given period began are taken into account.

An outsider can appeal to the court only if the terms of such a transaction affect his interests.

For example, if a will is disputed, then you can file a lawsuit only after the death of the testator. It does not matter when it was during a person’s life that this documentation was compiled. If the transaction is recognized as void, then the statute of limitations begins from the moment when the terms of the contract actually begin to be fulfilled.

The concept of disputable and void transactions

According to the Civil Code of the Russian Federation, an invalid transaction may be void or contested. Such transactions have numerous differences. Their features include:

• a transaction that does not meet the requirements of the law is recognized as null and void; therefore, it is not required to go to court and prepare any evidence in order to cancel a specific contract;
• the contested transaction assumes that the contract is invalidated only if there is a relevant court decision.

Each such transaction has certain features that a person must know about who wants to recognize a contract as invalid.

The main varieties of void transactions

Cases of recognition of a transaction as invalid due to the fact that it is void are numerous. The main types of such transactions include:

• the alleged transaction is that it is recorded only on paper, but in fact no terms of the agreement were fulfilled by the parties to this agreement;
• the text of the contract contains conditions that violate the basic requirements of the law;
• mock deals are made to cover up other actions by citizens or companies;
• The document is signed by minors or legally incapable persons.

If such features are identified, it is not required to apply to the court with a claim in order to invalidate the contract.

Nuances of a contested transaction

If the contract is actually drawn up correctly, signed by competent and adult citizens, and also does not contain violations of the law, then it can be declared invalid only by a court decision. Such a transaction is disputable.Claimants may be parties to an invalid transaction or other interested parties.

Often a lawsuit is filed in court even by representatives of various government agencies with the appropriate powers and capabilities. If the document contains direct violations of the law or was signed by a child, the court does not accept the claim, since such an agreement is null and void.

It is not uncommon for a court to invalidate only certain points of an agreement. The remaining conditions under these conditions remain valid, so the parties must clearly follow the information specified in the formal agreement.

Statute of limitations for invalid transactions

Each transaction has its own deadlines, during which the contract can be declared invalid. Therefore, the statute of limitations for declaring a transaction invalid should be taken into account by each person who plans to stop cooperation between the two participants. This period is represented by the period during which any interested person can file a lawsuit in court to protect the rights and interests of any participant.

After the expiration of the limitation period for declaring the transaction invalid, you can file a lawsuit, but at the same time you will be refused to consider it. It is allowed to restore it only if there is official evidence of a good reason for missing.

The limitation periods for invalid transactions are:

• if the transaction is deemed null and void, then this process can be completed only within three years from the moment when the parties began to fulfill the conditions of the formal agreement;
• if the contract is disputable, therefore a trial is required, then the lawsuit can only be filed within one year, and this period begins from the moment when the plaintiff finds out about any circumstances in which the transaction can be challenged.

It is during the above periods of time that you can file a lawsuit in court to challenge the rights of any party to the transaction. These dates are indicated in Art. 181 of the Civil Code of the Russian Federation.

How to prevent a dispute from a transaction?

In order for any transaction to be legally clean and legal, parties to the agreement must consider certain rules. These include:

• only people who have reached the age of majority can sign official documents;
• first you need to make sure that both participants are competent persons;
• it is advisable to write the text in the presence of a professional lawyer, which will make sure that it does not violate in any way the basic requirements of the law;
• when introducing various additional conditions, it is important to make sure that they do not violate the rights or interests of third parties, which in the future may act as plaintiffs in court proceedings.

Often the consequences of declaring a transaction invalid are negative for both parties, so people are interested in the fact that initially the contract was drawn up professionally.

Can I go to court after the statute of limitations?

A claim for declaring a transaction invalid may be filed even if the limitation period has already passed. But the following points are taken into account:

• if the missed deadline is connected with any valid reasons that may be proved by the plaintiff, then the missed deadline can be restored by transferring supporting documents to the judge;
• even if the deadline has already passed, the district or arbitration court is still obliged to accept all documents from the plaintiff, which are submitted for consideration, therefore, the cancellation of the court is possible only if the defendant submits the appropriate petition, but due to legal illiteracy this document is often not prepared.

Even if at the beginning of the trial the defendant does not submit an application to cancel the trial due to the expiration of the limitation period, it can be drawn up at any time during the trial. Under such conditions, the court is required by art. 181 of the Civil Code of the Russian Federation, refuse to satisfy claims.

Advice for Plaintiffs

If any person who is a party to the transaction or interested person wishes to invalidate the transaction, then he must take into account some advice from experienced lawyers. These include:

• Before filing a statement of claim, it is advisable to study the basic requirements and conditions of the legislation related to such court cases;
• if the will is disputed, then you need to be well versed in the law of succession, since it is often impossible to challenge the will of a deceased person, but to recognize a document as null and void is allowed for various reasons;
• Before filing a lawsuit, it is important to prepare as many different evidence as possible confirming the plaintiff’s rightness, since the court decision depends on it.

Especially a lot of difficulties arise in people who file a lawsuit to declare the transaction invalid, but are not parties to the agreement. They must prove that they are really represented by interested parties, therefore, the main provisions of the contract in one way or another affect their rights or interests.

Grounds for contesting

Cases on recognition of a transaction as invalid shall be opened in court only if the plaintiff has good reason to start the trial. If the transaction is void, then it is not required to go to court.

If the transaction is disputed, then the following grounds are usually used for this:

• the procedure for concluding a transaction is violated, for example, the spouse’s prior consent was not obtained to sell the property, which is jointly acquired property;
• if the company is a party to the transaction, the transaction may be challenged if the signing of the agreement was not agreed with all the founders in advance;
• there is no permission for a transaction from any state body if such permission is mandatory for concluding a specific contract;
• one party during the conclusion of the transaction exceeded its authority;
• a deal was made that contradicts the organization’s main objectives;
• there is evidence that the person signing the agreement during this process was intoxicated or affect;
• one participant in the transaction was previously misled, therefore, did not realize the actual consequences of signing the contract;
• the transaction was completed through violence or threats against one participant.

The practice of limitation shows that many people do not even know at what point the limitation period begins. Additionally, they cannot figure out which transactions are void and which require challenging in court. Therefore, if any person is interested in terminating a certain contract, and also has the right to act as a plaintiff, it is advisable to seek help from a lawyer, which greatly increases the likelihood of satisfying claims.

How are the claims stated?

Features of consideration of cases on recognition of transactions invalid depend on whether the contract is void or disputable. Therefore, the rules for making claims include:

• if the transaction is void, then it is not necessary to draw up and submit a lawsuit to the court, since under such conditions it is enough to notify both participants that they may not follow the agreement, since it violates the requirements of the law;
• many people do not have sufficient legal literacy, therefore, even if there are signs of nullity, they file a lawsuit in court, which leads to a refusal to consider the statement of claim;
• sometimes even the courts encounter difficulties in the process of determining a transaction, since often there are universal grounds on which the contract is void and disputable;
• if the plaintiff has doubts as to whether the transaction is disputable or void, then it is nevertheless advisable to draw up a lawsuit that is submitted to the court.

It is most important for any interested person to use the help of an experienced lawyer. In this case, you can count on the fact that a particular case will be won, so the plaintiff will be able to stop cooperation between the two parties.

Consequences of invalidation of a transaction

If, by a court decision, a specific contract is declared invalid, then each participant is faced with certain consequences. They can be negative for both parties if the plaintiff was an outside party.

The main such consequences include:

• cooperation between the two parties ceases;
• all actions performed after the signing of the contract by two participants lose their legal force;
• it is impossible to change the past if the transaction involved the conclusion of a lease, because even after contesting the document, the tenant will not be able to return the money transferred to the lessor for using the premises;
• if the contract of sale is disputed, the seller receives his property back, but at the same time must return the funds received earlier from the buyer;
• if the transfer of ownership of the property has been officially registered, then repeated amendments to the USRN will be required;
• if at all circumstances are discovered in which the document was signed by legally incompetent or minors, then representatives of these citizens may demand compensation from the other side for non-pecuniary damage.

The exact consequences of contesting the agreement depend on the features and nuances of the contract.

Conclusion

A transaction may be declared null and void due to its nullity or contestability. There may be different reasons for this. In most cases, it is required to apply to the court with a statement of claim, to which other official documents confirming the plaintiff are correct.

Not only the parties to the transaction, but also other interested parties can file a lawsuit. The consequences of satisfying claims may be different, since they depend on the characteristics of the signed agreement.