Invalid transactions and their types

All provisions regarding transactions are prescribed in the civil legislation of the country. What do they represent? These are agreements that result in certain responsibilities, as well as rights. Bilateral transactions and with a large number of participants are called contracts.

In the legislation mentioned above, the question as to what the invalid transactions are is quite well disclosed. To begin with it is worth saying that such are recognized treaties committed in violation of the requirements of any laws.

What are the main requirements for such agreements? They must be based on goodwill; The persons who enclose them must be able to act; Must comply with the established form. If any of these conditions is violated, then the contract will be declared invalid.

Let's talk about the time from which the transaction can be considered illegal. The agreements are recognized as such from the moment they are entered into, but recognition can be postponed to the future (for example, in the case of the illegality of the lease).

Invalid transactions can be contested or void. A disputable one is that which becomes invalid only by virtue of its recognition as such by the court. Such a transaction does not violate the law roughly, but it can be challenged for some reason.

An insignificant deal has its own peculiarities. The fact is that it is void even before it is recognized by the court as such.

Relatively invalid transactions are those with respect to which the proceeding is under way . Until the judge makes a decision, all obligations arising from them must be fulfilled.

Invalid transactions can be either in whole or in part. The reason for this can be a lot of factors.

The consequences of recognizing the transaction as invalid may be different. Everything is simple only when the parties have not yet managed to fulfill their direct obligations arising from the terms of the agreement.

The offensive of property consequences is inevitable. The Civil Code states that the parties are obliged to fully refund to each other what they received on the transaction, which was declared invalid. This is called bilateral restitution.

Of course, not always the parties have the opportunity to return all that they need, in kind, that is, in the form in which it is needed. What to do in such cases? Refund is made in money.

Note that one-sided restitution is possible. With it, one side gets back everything that it had before the conclusion of the contract, and what was transferred by the second party is collected in favor of the state. Also, we note that under certain circumstances, recovery does not occur at all, and transferred during transactions is completely state property.

The claim for invalidation of the transaction must be submitted to the court by the plaintiff himself or his representative who has a power of attorney issued in accordance with the norms of the law.