Tip 1: How to recognize a void transaction
Tip 1: How to recognize a void transaction
Void, or completely invalid,shall be deemed to be a transaction which, as a result of its commission, does not generate for its participants the desired legal consequences due to the fact that it does not comply with Russian law.
Instructions
1
Contact a competent lawyerof these issues. Of course, you will have to spend some money for this kind of service, but do not save on it. Lack of qualified help can cost you more. Be sure to try to collect as much evidence as possible, which will confirm the facts of violations of the conditions that are stipulated in the contract. As such evidence can act in a variety of documents - both copies and originals, as well as testimony of witnesses and recording of CCTV cameras.
2
Make the right statement thatrequired for filing a lawsuit. And remember: from the formulations that you bring in it, the outcome of your enterprise depends. If you make any legal mistake, there is a possibility that you will not only lose, but also get a counterclaim.
3
In the case of a trivial transaction, it will be sufficientprovide evidence that it was committed in violation of Russian law. And then it is recognized as invalid. Therefore, it is important to study the code of laws that are affected by this treaty. This is due to the fact that in some points there may be significant discrepancies with the legislation.
4
In any case, to recognize deal insignificant, it is necessary to apply to the court. The limitation period for this matter is three years, starting from the moment of execution of this transaction.
Tip 2: How to challenge a transaction
Disputable transactions in accordance with the Civil Code.Code of the RF recognizes transactions that can be declared invalid by a court decision. And, without being challenged, such a transaction generates legal consequences as valid. This is its essential difference from an insignificant transaction that is invalid from the very fact of its accomplishment. Contest deal can be on several grounds, directly specified in the Civil Code of the Russian Federation. To do this, it is necessary to file a claim with the court and provide evidence that the transaction is contested.
Instructions
1
First of all, it is necessary to clarify clearlywhether the transaction is contested, or it is insignificant in fact. It depends on this, how you will write your claim in court, on what norms and articles of the law to refer to when disputing a transaction. In this matter, one should turn to a lawyer practicing in the civil law sphere for help. According to the Civil Code of the Russian Federation, it is possible to recognize as contested deals concluded by persons: - at the age of 14 to 18 years (Article 175) - under the influence of error (Article 178) - unable to manage their actions or understand their significance (Article 177) limited by the court of legal capacity (art. 176), - outside the limits of the legal capacity or powers of the person (articles 173 and 174).
2
If the transaction you intend to contest,falls under one of the definitions specified in the articles, draw up a statement of claim in court, detailing its position on this issue. Most often, transactions committed by minor children between the ages of 14 and 18 are recognized as contested transactions. Parents who disagree with the actions of their child have the right to appeal to the court and declare invalid deal, of which their child was a participant.
3
In the narrative of the claim, it is necessary to detail the essence of the transaction and its participants. In the operative part of the statement of claim, indicate the request to invalidate this deal and cancel all related legal relationsin accordance with applicable law. To the statement of claim, attach copies of your existing documents, which are evidence of the challenge of this transaction. Pay the state fee and file a lawsuit in the district court.
4
At the hearing, the merits of the case will be examinedall the evidence submitted by you, the defendant's objections were heard and a corresponding decision was made. After recognizing the transaction as invalid, your violated rights will be restored.
