The contract of guarantee is an agreement,Under which one person (guarantor) assumes responsibility for the debtor to another person (creditor) in the event that the latter fails to fulfill its obligations under the contract.
Recognition of this agreement as invalid nullifies all relations between its parties.
The transaction may be declared void byFor two reasons - it can be recognized by the court as such (a disputable transaction), or without the need for such recognition (an insignificant transaction). The requirement to recognize the invalidity of the transaction is filed by the parties to the court.
Suretyship agreement is one of the waysEnsuring the fulfillment of obligations, along with a bank guarantee, a deposit and a penalty. Recognition as invalid of a contract secured by a guarantee entails the invalidity of the guarantee itself. However, the challenge of a suretyship is possible regardless of the main contract in court.
The Civil Code of the Russian Federation names the following grounds for the invalidity of transactions:
- if the transaction is committed in violation of the law-
- if the transaction contradicts the foundations of law and order and morality,
- if the transaction is an imaginary or pretend-
- if it is committed by an incompetent person or a person who is limited in capacity,
- if the transaction is made under the influence of delusion, deception, violence or malicious agreement of the parties.
For recognition to be invalid,Apply to the court with a statement of claim, in which refer to one of the above reasons. After the court recognizes your arguments, the decision to annul this agreement will be taken. A transaction that is declared void does not have any legal consequences. All executed on the transaction must be returned to the parties, if there is such an opportunity. If there is no possibility to return the transaction received in kind, then the money equivalent to the received benefit should be returned.