Legal Encyclopedia. The letter H

invalid transaction

- The transaction, the commission of which is prohibited.

NS may be voidable and void. Invalidity may stem from:

1) non-compliance to the law or other legal act;

2) contradict the principles of the rule of law and morality. Such transactions are particularly dangerous, as contrary to law, morals, customs, business practices and violate the principles of the public.

If you have the intention of both parties to such a transaction all the resulting transaction revenue collected in the Russian Federation. If you have the intention of one side all received by it under the transaction returns to the other side, and she, in turn, transmits all the income of the Russian Federation;

3) imaginary and feigned. Imaginary transaction is not intended to produce legal effects and is done only for the species. A sham transaction is made with a view to cover up another deal. These transactions are made in order to evade the state registration;

4) transaction by a person recognized as incapable. NS entails no legal consequences, which are provided by the transaction. In the case of execution used bilateral restitution. Legally capable party is obliged to reimburse it incapable suffered real damage, but is not obligated to compensate loss of earnings;

5) the transaction minor who has not attained the age of 14 years. The consequences of such a transaction includes bilateral restitution and compensation for actual damages, which has suffered a minor;

6) fulfillment of the legal entity of the transaction, beyond the limits of its capacity. These include transactions that are contrary to the objectives of the legal entity and committed in the absence of the license;

7) of the transaction to minors aged between 14 and 18 years. Consequences: there comes a bilateral restitution. Legally capable party is obliged to compensate the real damage incapacitated. Transactions are voidable and are considered invalid by the court in whole or in part; 8) a citizen of the transaction, limited in capability. Consequences: apply double-sided restitution, and capable incapable party shall reimburse the actual damage, if she knew about the incapacity of the other party;

9) a citizen of the transaction are not able to understand the significance of his actions. Declared invalid at the suit of the guardian. Each party shall return the other received in kind or in cash;

10) of the transaction under the influence of delusions. The transaction is voidable. The guilty party is obliged to compensate the party in error caused real damage. Wines can be proved in court.

The statute of limitations for NS - 10 years since the start of the execution of the transaction.