Contract surety agreement is recognized,by which one person (guarantor) assumes responsibility for the debtor to another person (the creditor) in case of default the last contractual obligations.
The recognition of the contract null and void void all relations between the parties.
The transaction may be invalidated bytwo reasons - it can be recognized as such by the court (voidable transaction) or without the need for such recognition (void transaction). The requirement for the annulment of the transaction is supplied by the parties in court.
Guarantee Agreement - is one wayensure fulfillment of obligations, along with a bank guarantee, deposit and penalty. Invalidation of the agreement secured by a guarantee, entail the invalidity of the guarantee itself. However, the challenge of guarantee possible, regardless of the host contract in court.
The Civil Code of the Russian Federation refers to the following grounds for invalidity of transactions:
- If the transaction was executed in violation zakona-
- If the transaction is contrary to the principles of public order and nravstvennosti-
- If the transaction is imaginary or pritvornoy-
- If it is made by an incapable person or a person with limited deesposobnosti-
- If the transaction is made under the influence of delusion, deceit, violence or ill-intentioned agreement of the parties.
For invalidation is necessaryto go to court with a claim, which refer to one of the enumerated grounds. After the court recognizes your arguments decision will be made law on the cancellation of the contract. The transaction invalid, shall not be of no legal effect. All executed in the transaction must be returned to the parties, if possible. If you are unable to return the received transaction in kind, it should be returned cash equivalent gain.