The concept and grounds for invalidity of transactions

The transaction is the actions of citizens andlegal entities aimed at changing, establishing, terminating duties and rights. When they are committed, as a rule, contracts are signed. Legislation makes a number of requirements to such agreements. In case of their non-fulfillment of the transaction can be recognized as invalid. Normative acts stipulate the circumstances under which this is allowed. Let's consider further grounds for invalidity of transactions provided for by the Civil Code of the Russian Federation.

Article 166

In this norm are fixed types of grounds for invalidity of transactions:

1. By virtue of recognizing the agreement as inappropriate to the norms of law in the courts.
2. Regardless of the court decision.

In the first case, they speak about the disputable, and in the second case - about insignificant transactions. Apparently, there are differences between them. First of all they concern grounds for invalidity. A void transaction can be recognized as such primarily because of the provisions of Ch. 9 of the Code. The norms of this chapter establish general rules. In addition, there are special reasons for invalidity of transactions. They are fixed by the provisions of other articles of the Code, as well as by other normative acts.

General grounds for invalidity of transactions

They are fixed by different articles of chapter 9 of the Code. Thus, 169 articles as grounds for invalidity of transactions calls their accomplishment for a purpose contrary tothe basics of morality and law and order. Such agreements are also called antisocial. Imaginary and imaginary transactions are considered void. About them it is spoken in 170 article. The basis for the invalidity of transactions is also the commission of their persons recognized incompetent due to a mental disorder. This circumstance is fixed by 171 articles. Yet three grounds for invalidity of transactions is fixed by norms 172, 162 and 165. They are the conclusion of the agreement:

1. With violation of the requirements for state registration (Article 165, paragraph 1).
2. Minors under 14 years of age. (Article 172).
3. In violation of the form, if its compliance is mandatory by virtue of direct instructions in the law (paragraph 1 of the 156 norm and paragraphs 2, 3 of Article 162).

Special cases

In the legislation, as already mentioned above, special grounds for invalidity are also fixed. Negligible are transactions:

• Perfected by a guardian who did not receive the consent of the guardianship and trustees beforehand, without benefit to his ward, etc.
• Directed to limit the person's or legal capacity.

Disputable transactions

The recognition of their invalidity is also carried out on general and special grounds. The first should include the conclusion of agreements:

1. A legal person with a way out of legal capacity.
2. The minor is 14-18 years old.
3. With going beyond the powers to conclude an agreement.
4. A person who is limited in legal capacity by a judicial decision.
5. A citizen who is incapable of understanding the meaning of his behavior and leading him.

Separately, we should say more about three grounds for invalidity of transactions. Do not meet the requirements of the norms of law, actions committed under the influence of:

1. Misconceptions.
2. Threats, violence, deception, malicious agreement.
3. Severe life circumstances.

Special conditions for invalidationThe disputable transactions are provided for in federal laws. Examples can be found in Federal Law No. 14 and Federal Law No. 208. In these normative acts, major transactions and agreements with interest are among the contested ones. The Family Code also provides for the controversy of the actions of one of the spouses by order of general material values ​​without the consent of the second spouse.

Anti-social agreements

Considering concept and grounds for invalidity of transactions, it should be noted that they are all in one or the otherdegrees are contrary to the norms of morality and constitute a danger to the rule of law. However, the law separately establishes the category of antisocial agreements. This need is probably caused by the fact that in practice certain types of transactions can cause significant damage to public and state interests. Among them, for example, include the sale and purchase of military weapons that relate exclusively to the property of the country, unauthorized persons, actions aimed at selling narcotic compounds, and so on. Establishing a discrepancy in the norms of morality and violation of the foundations of the rule of law as grounds for invalidity of transactions, Civil Code of the Russian Federation stresses the seriousness of the danger theyare carried. The objective side of such agreements is formed, as a rule, by criminal conduct of individuals. Subjectively, such transactions involve the existence of an indirect or direct intent. In some cases, both sides of the legal relationship act deliberately.

Imaginary agreements

As grounds for invalidity of a transaction is the fact that there is no intention to createlegal consequences. A pretentious agreement is "for a species". It is not aimed at changing, establishing, the emergence of duties and rights. Such transactions may be committed for illegal purposes. For example, the parties agree on the conclusion of an agreement on the alleged donation of property. The goal may be a desire to hide the object from imposing a penalty on it by a judicial decision. Parties may not pursue an unlawful purpose. However, in any case, if it is determined that they did not have in mind when the agreement was concluded, there would be legal consequences, this fact will be regarded as invalidity basis.

Pretending agreements

They differ from imaginary contracts in thatare aimed at covering up another, usually illegal, deal. A pretentious agreement is also made for the species. However, it has a specific goal - to cover another contract. Because of this, it is recognized as insignificant. To the transaction that the participants in the legal relationship actually had in mind, the rules that are established by law for it are applied. In this case, it itself can be both real and invalid.

Participation in the agreement of incapable

On those grounds for invalidity of transactions should pay special attention. Agreements concluded by persons who were recognized as legally incompetent by the court are void because they have no ability to carry out independent, purposeful activities and evaluate its results. This category of agreements includes all contracts concluded incompetent. These include small household transactions. Meanwhile, the legislation contains one essential reservation. At the request of the guardian of an incompetent person, an insignificant transaction can be deemed valid if committed to the benefit of that person. The corresponding provision is enshrined in 171 articles of the Code (paragraph 2). If, at the time of the conclusion of the agreement, the subject was not recognized as incapacitated by the court, but because of his mental disorder could not understand the values ​​of his behavior and manage it, the contract under the claim of the guardian can be recognized as invalid.

Transactions with minors under 14 years

As a general rule, such agreements are consideredinsignificant. An exception is the transactions provided for in Article 28 of the Code (paragraph 2). Children are not fully able to independently and purposefully assess their behavior and its results. Meanwhile, at the request of legal representatives, the agreement can be recognized as valid if it is concluded for the benefit of the child. Of course, transactions made by persons who have not attained the age of six will be insignificant by themselves. This is due to the fact that such children can not be recognized as even severally viable.

Violation of the form

As was stated above, such a the basis of invalidity of transactions of the Civil Code It can be used only in the case of directinstructions in the legislation. The nullity of the agreement in such situations is due to the fact that it has not been given a proper form from the point of view of the law that allows to correctly perceive the will of the subject and to consider this particular form to be legitimate.

Non-compliance with the registration rules

In some cases, even in the absence of violations inform of the transaction, it can be invalidated if the procedure for state registration is not fulfilled. The most vivid example is the contract of sale of real estate. To transfer ownership rights, such an agreement must pass state registration. Failure to comply with the procedure entails the defectiveness of the legal structure, the completeness of which is necessary for the appearance of legal consequences permissible by standards and desired by the participants in legal relations.

Grounds for invalidity of a disputable transaction

In practice, quite a lot of agreements are concluded by legal entities with a move beyond their legal capacity. This category of contracts is divided into the following independent types:

1. Agreements, executed by a person in contradiction withobjectives of activities established by the constituent documents. For example, it could be a trade agreement concluded by an insurance company or a commercial bank.
2. Transactions committed by a person who does not have a license to conduct the related activities.

Permission is considered to be absent if:

• it is withdrawn by the authorized body that issued it;
• was not received;
• the term of its validity has expired;
• the amount of rights granted in the permit has been exceeded.

Going beyond authority

The disputability of transactions in such cases is recognized whenpresence of a number of conditions. First of all, the powers should be strictly limited to the contract or constituent documents in comparison with how they are established in the legislation, power of attorney, or as they become apparent on the basis of the situation. Secondly, the legal entity's body or citizen, concluding the agreement, must go beyond the limitations mentioned above. Thirdly, the second participant in legal relations knew or should have known about the established limits of authority.

Agreements concluded under the influence of fraud

They are contested because one participant intentionallyMisleading before reaching a goal beneficial to the second party (cheating). Such actions may be carried out by a counterparty or a third party. At the same time, the latter can act in legal relationships both on behalf of the counterparty and independently. To recognize the invalidity does not matter how exactly the deception is done. It can be, for example, active and expressed in an intentional message of unreliable information. Deception is also considered non-reporting of information significant for the second party. In addition, when recognizing the invalidity of such transactions, the presence / absence of mercenary purposes is not taken into account, and the deceiving person is brought to justice for fraud.

Effects

The legislation fixes and grounds, and consequences of the invalidity of a transaction. The basic rules are established by 167 articlesOf the Code. Normally it is stated that invalid agreements do not give rise to legal consequences, except those that are associated with its unlawfulness. The party to the contract, which knew or could have known about the non-compliance with its rules of law, is considered an unscrupulous participant. As a general rule, in case the invalidity of the transaction is recognized, each party must return the other all received by agreement. In some cases, however, the fulfillment of this prescription is impossible for objective reasons. For example, property is damaged, destroyed, etc. In such situations, the law provides for the possibility of the injured party to seek compensation for material values, unless otherwise stipulated by norms. If from the essence of the agreement it follows that it can be terminated only for the future period, the court, recognizing the invalidity of the transaction, terminates its operation, respectively, for the future. In paragraph 4 of Article 167 of the Code there is a reservation of special practical importance. Normally, it is stated that the court may not apply the consequences of a transaction that is declared invalid if it does not agree with the basics of law and order or morals. Of course, the corresponding decision must be motivated. To do this, the court must comprehensively examine the circumstances of the case, the conditions in which the agreement was concluded and many other significant factors.

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