All provisions regarding transactions are prescribed in the civil law of the country. What are they all about? These are agreements that result in certain obligations as well as rights. Bilateral transactions and with a large number of participants are usually called contracts.
In the legislation mentioned above, the question regarding what constitute invalid transactions is quite well disclosed. To begin with, it is worth saying that such contracts are recognized that are committed in violation of the requirements of any laws.
What are the main requirements for such agreements? They must be based on goodwill; persons imprisoned must be competent; the established form must be respected. If any of these conditions is violated, the contract will be declared invalid.
Let's talk about when the deal can be considered illegal. Agreements are recognized as such from the moment of their conclusion, however, recognition can be carried forward (for example, in the case of illegality of the lease agreement).
Invalid transactions may be disputable or void. Challenged is one that becomes invalid only by virtue of its recognition as such by the court. Such a transaction does not grossly violate the law, but nevertheless, for one reason or another, it can be challenged.
A void transaction has its own characteristics. The fact is that it is invalid even before it is recognized by the court as such.
Relatively void transactions are those regarding which litigation is ongoing. Until the judge decides, all obligations arising from them must be fulfilled.
Invalid transactions may be such in whole or in part. The reason for this can be a lot of factors.
The consequences of invalidating a transaction may vary. Everything is simple only when the parties have not yet had time to fulfill their direct obligations arising from the terms of the agreement.
The onset of property consequences is inevitable. The Civil Code states that the parties are obliged to fully return to each other what they received in a transaction that was declared invalid. This is called bilateral restitution.
Of course, the parties do not always have the opportunity to return everything that they should, in kind, that is, in the form in which it is needed. What to do in such cases? Refunds are made in cash.
Note that unilateral restitution is also possible. With her, one side receives back everything that it had before the conclusion of the contract, and that which was transferred by the other side is exacted in favor of the state. Also note that under certain circumstances, restoration does not occur at all, and that transferred during transactions completely becomes state property.
A claim for declaring a transaction invalid must be brought to court by the plaintiff himself or his representative, who has a power of attorney drawn up in accordance with the law.