Invalid transaction: what is it and how to invalidate a transaction
Posted: Tue Jan 07, 2025 6:05 am
Transaction - what does this concept mean in a broad sense? The definition can be found in the Russian Civil Code. According to it, a transaction is the actions of individuals and legal entities that establish, change or terminate civil rights and obligations.
It is interesting that this concept of a transaction is broader than the concept of a contract, if only because the former, unlike the latter, can be unilateral (for example, a power of attorney). It mexico whatsapp phone number turns out that not every transaction is equal to a contract, but every contract is equal to a transaction.
Leading lawyer of SberResheniya Dmitry Bazanov explained in detail how to invalidate a transaction.
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Content:
What is a voidable transaction
Types of invalid transactions
Grounds for recognizing a transaction as invalid
Popular grounds for invalidating voidable transactions
Popular grounds for recognizing a transaction as null and void
How to invalidate a transaction
Amount of state duty
Limitation periods for voidable and voidable transactions
When it is not possible to challenge a transaction
Consequences of invalidity of transactions
Peculiarities of partially invalidating a transaction
Results
What is a voidable transaction
It has no legal force and is considered invalid from the moment of its execution. Its parties cannot demand that the obligations under it be fulfilled. If they have already fulfilled them, then they can count on the return of the fulfilled from the counterparty.
Thus, an invalid transaction is one that was concluded, but did not achieve the intended goal, and its parties did not receive the desired result. For example, when the buyer did not receive the right of ownership of the thing as a result of such a transaction, and the lessee did not have the right to lease the property.
It is interesting that this concept of a transaction is broader than the concept of a contract, if only because the former, unlike the latter, can be unilateral (for example, a power of attorney). It mexico whatsapp phone number turns out that not every transaction is equal to a contract, but every contract is equal to a transaction.
Leading lawyer of SberResheniya Dmitry Bazanov explained in detail how to invalidate a transaction.
Subscribe to RB.RU in Telegram
Content:
What is a voidable transaction
Types of invalid transactions
Grounds for recognizing a transaction as invalid
Popular grounds for invalidating voidable transactions
Popular grounds for recognizing a transaction as null and void
How to invalidate a transaction
Amount of state duty
Limitation periods for voidable and voidable transactions
When it is not possible to challenge a transaction
Consequences of invalidity of transactions
Peculiarities of partially invalidating a transaction
Results
What is a voidable transaction
It has no legal force and is considered invalid from the moment of its execution. Its parties cannot demand that the obligations under it be fulfilled. If they have already fulfilled them, then they can count on the return of the fulfilled from the counterparty.
Thus, an invalid transaction is one that was concluded, but did not achieve the intended goal, and its parties did not receive the desired result. For example, when the buyer did not receive the right of ownership of the thing as a result of such a transaction, and the lessee did not have the right to lease the property.