The transaction, in fact, represents the will of the entities aimed at changing the legal relationship between them. Under the current legislation, people for personal or business needs conclude contracts that establish additional rules of conduct for themselves. The provisions of the law and the duly executed and signed contract for persons involved in legal relations are a guarantee that the opponent will fulfill his duties. For oral - not requiring written expression - transactions only regulatory requirements apply.
But the transaction made by individuals must be within the framework of the law, otherwise it will not entail legal consequences, and the actions of the subjects will be recognized as unlawful. In this case, restitution occurs, often accompanied by losses for one or both parties to the contract.
A disputable and void transaction are forms of invalid contracts. In the first case, the absence of legal force can only be ascertained by a court. An insignificant transaction is recognized as such regardless of the desire of the parties, since in its conditions a gross contradiction to the current legislation was originally laid.
The above difference is formal in nature and, according to some theorists, is due to the need to provide special protection to public interests. In this case, insignificant transactions are connected with the protection of the interests of the company , while disputable ones - with the restoration of the rights of participants in specific legal relations.
The Civil Code of the Russian Federation contains a detailed description of situations where an agreement between the parties does not entail legal consequences. So, a void transaction takes place if it:
- not consistent with law or legal act;
- comes into conflict with the foundations of law and order and morality;
- is feigned or imaginary;
- committed by persons who have not reached the age of 14 (except for small household transactions).
An important criterion for the a priori absence of legal force in a written or oral contract is its inconsistency not only with civil standards, but also with other branches of the law. Such a criminal offense, as payment to extortionists who “contributed” to the return of debt, is an insignificant transaction.
An example of actions that do not entail legal consequences that contradict the foundations of morality is the export of prohibited goods that are dangerous to human life and health.
An imaginary transaction is concluded without the intention of creating legal consequences for the parties. For example, in the event of a threat of confiscation of property, a person can transfer it into the property of another person through the execution of a gift agreement. These actions have no legal consequences in any case.
A void transaction can also be fake. For example, in order to avoid paying tax when buying and selling valuable property, individuals can draw up
a gift agreement. In this case, the legal consequences entail a real (covered) transaction. But if the purchase and sale in a particular case cannot be made legally, then this contract will be declared null and void.