Recognition of the contract is null and voidone of the legal ways not fulfill its conditions. To the contract was invalid, you must apply to a court of general jurisdiction for the recognition of the contract null and void and the application of consequences of invalidity of transactions.
However, some treaties contain provisions which make it null and void and without recognition of such a court.
You will need
- Please read verse 12 and st.164-181 the Civil Code of the Russian Federation.
Require recognition of agreement as invalidNot only can the party of the contract, but also any interested person, as well as the court. It should be remembered that in the case of annulment of the contract the parties are legally obliged to compensate each other all that has already been received by them under this agreement. This should take into account when choosing this method of default unwanted obligations.
The invalidity of any transaction, and thereforeand the contract can be of two types: voidability and nullity. Voidable contract is invalid as a result of recognition of it as such by the court. Worthless - is invalid in principle. As a rule, cases of nullity of the contract expressly stipulated in the Civil Code of the Russian Federation.
If there are conditions in the contract, contrary toprinciples of public order and morals, if the transaction is committed by a person incapacitated due to a mental disorder, a minor, then such agreement is void in general. The absence of these conditions it is necessary to check even at the conclusion. If you have received a copy of the contract signed on behalf of your company you face the unknown, it is better to try to find out what kind of person.
The Court may annul the contract withlegal entity if the terms of the contract the person has gone beyond its powers. The powers of a legal entity may be outlined in its founding documents. In some of the activities according to the law, you must have a license. However, such a contract will be recognized invalid by the court only in the event that the other party knew or should have known that its counterparty exceeds its powers.
The invalidity of the contract would not necessarily berefer to the entire contract as a whole. only some of the conditions may be invalidated. If an exception is invalid parts do not affect the substance of the transaction (that is, if you can make such a deal without these conditions), then the remainder of the contract will remain valid.
The law contains a fairly strict regulationsthe form in which this or that contract must be concluded. If a general rule, failure to comply with the proper written form (simple or notarial) does not imply the invalidity of the contract, in some cases it is not. For example, the transfer of the share of the participant of a limited liability company to another person shall be notarized. In addition, the parties may consider the need for notarization of the contract for the recognition of its validity.
If you believe that the agreement, which is concluded withyour counterparty is void, then for three years from the date of commencement of the contractual obligations, you can go to court with the requirement to apply the consequences of a void transaction. In other cases, the treatment period of the court shall be one year.