Concept and types of invalid transactions

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An invalid transaction does not entail the legal consequences that its participants expected. Let's consider the same sale of a car. Nikolay decided to sell his car to Alexey to get money. And Alexey wanted to buy it to comfortably move around the city. Alexey was so happy with the favorable price that he did not check the vehicle title. When trying to register the car with the State Traffic Safety Inspectorate, it turned out that the car did not belong to Nikolay, but to another person. The transaction becomes invalid because the seller misled Alexey about the owner of the car.

Concept and types of invalid transactions

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To restore his rights and get his money back, Alexey will need to go to court. The rules on the invalidity of transactions are contained in various regulations, including the first part of the Civil Code of the Russian Federation and Resolution of the Plenum of the Supreme Court of June 23, 2015 No. 25.

In legal practice, such transactions algeria email list are divided into two main types: voidable and voidable. The basis for classification is how and when they are recognized as invalid:

Contestable transactions become such only after the court declares it so. It is important that if none of the parties or interested persons files a claim to invalidate the transaction in these bodies, it retains its legal force.

Insignificant ones, on the contrary, are considered invalid from the moment of their execution, since they seriously violate the law. These transactions do not require confirmation of such a sign in court and have no legal consequences from the very beginning.

To distinguish a voidable transaction from a voidable one, one should pay attention to the wording of the invalidity condition in the law:

If a transaction is stated to be "enforceable," this indicates that it is voidable.

When the law states that a transaction is "void," you are dealing with a null and void act.

The type of invalidity significantly affects the limitation period and the content of the claim, which determines the further legal consequences for the parties to the transaction.

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