Recognition of the contract as invalid isOne of the legal ways not to fulfill its conditions. In order for the contract to be invalidated, it is necessary to apply to a court of general jurisdiction for invalidating the contract and applying the consequences of invalidity of transactions.
However, some treaties contain conditions that render it void and without recognition as such by the court.
You will need
- Read attentively article 12 and art.164-181 of the Civil Code of the Russian Federation.
Require the contract to be declared invalidCan not only the party to this agreement, but also any interested person, as well as the court. It should be remembered that in the event that the agreement is declared invalid, the parties are required by law to reimburse each other for everything that has already been received by them under this agreement. This should be taken into account when choosing such a method of non-fulfillment of undesirable obligations.
The invalidity of any transaction, and therefore,And the contract, can be of two kinds: challengeability and insignificance. The disputable contract is invalid because it has been recognized as such by the court. Negligible - invalid in principle. As a rule, cases of nullity of the contract are directly specified in the Civil Code of the Russian Federation.
If the contract contains conditions that contradictThe foundations of the rule of law and morality, if the transaction is committed by a person who is incompetent due to a mental disorder, a minor, then such a contract is in principle null and void. The absence of such conditions in it should be checked even at the conclusion. If you received a copy of the contract signed on behalf of your counterparty by an unknown person, it is better to try to find out what kind of person it is.
The court may invalidate the contract with theA legal entity, if by the terms of the contract this person has exceeded his / her authority. The powers of a legal entity can be outlined in its constituent documents. Some activities are legally required to have a license. However, such a contract will be recognized by the court as invalid only if the other party knew or should have known that its counterparty exceeds its authority.
Invalidity of the contract will not necessarily beTreat the entire contract as a whole. Only certain conditions can be recognized as invalid. If the exclusion of invalid parts does not affect the essence of the transaction (that is, if you can make such a transaction without these conditions), the rest of the contract will remain valid.
The law contains fairly strict regulations on theThe form in which this or that contract should be concluded. If, as a general rule, non-compliance with the proper written form (simple or notarized) does not entail invalidity of the contract, in some cases this is not the case. For example, the transfer of the share of a participant in a limited liability company to another person must be notarized. In addition, the parties may provide for the notarization of the contract for the recognition of the contract as valid.
If you believe that the contract that concluded withYour counterparty is null and void, then within three years from the date of the beginning of the fulfillment of obligations under the contract you can apply to the court with the demand to apply the consequences of a void transaction. In other cases, the period for applying to a court is one year.