Judicial practice claim for the recognition of the contract as invalid. Disputes about the invalidity of transactions: will there be mandatory pre-trial settlement? Claim for invalidation of a service contract

Ivanov Ivan Ivanovich
Address: 0000111, Voronezh, Engels str., 500, apt. 2

Head
Romashka LLC
OGRN 0000000000 TIN 000000000

Legal and postal address: 00011, Moscow, Novonagorny proezd, 306, building 8

Lyutikova Adelaide Dmitrievna
Address: 0000111, Voronezh, st. Komsomolskaya, d. 555, apt. 5252

Ref. 50000 from 24.08.2017

Claim for recognition of the transaction as invalid

Ivanov Ivan Ivanovich is a member of Romashka LLC with a share in the authorized capital of this company equal to 60%.

The Inspectorate of the Federal Tax Service for the City of Moscow made an entry in the Unified State Register of Legal Entities OGRN 54158445621210011137 on the establishment of Romashka LLC.

In accordance with article 1 of the agreement on the establishment of Romashka LLC, the founders (participants) of the company are Petrov A.A. (share in the authorized capital 20%), Sidorov N.A. (share in the authorized capital 20%).

According to an extract from the Unified State Register of Legal Entities in relation to Romashka LLC, the founders of Romashka LLC are Ivanov I.I. (share in the authorized capital 60%), Petrov A.A. (share in the authorized capital 20%), Sidorov N.A. (share in the authorized capital 20%). The general director of the company is Sidorov N.A.

LLC "Romashka" on the right of ownership (Extract from the Unified State Register of Real Estate (EGRN) series AZHZHZHZH No. 4545545454) belonged to the Building of the livestock maintenance station, purpose: production, area 2009.8 sq. m, letter Ya, number of storeys 1., located at the address: Sverdlovsk region, Nerodny district, s. Pilkovskoe, st. New, 10000.

Romashka LLC (seller) and Lyutikova A.D. (buyer) signed a contract for the sale of real estate dated June 15, 2017, under the terms of which the seller sold, and the buyer bought the said real estate. The specified property was sold to the buyer for 750,000 rubles. The specified contract for the sale of real estate is a major transaction, in respect of which the procedure for their approval was not followed, and therefore it is invalid.

In accordance with Article 168 of the Civil Code of the Russian Federation, a transaction that does not comply with the requirements of the law or other legal acts is void, unless the law establishes that such a transaction is voidable, or does not provide for other consequences of the violation.

In accordance with paragraph 1 of Article 46 of the Federal Law “On Limited Liability Companies” (hereinafter referred to as the LLC Law), a major transaction is a transaction (including a loan, credit, pledge, guarantee) or several interconnected transactions related to the acquisition, alienation or the possibility of alienation by the company, directly or indirectly, of property, the value of which is twenty-five percent or more of the value of the company's property, determined on the basis of accounting data for the last reporting period preceding the day the decision was made to conclude such transactions, unless the company's charter provides for a higher size of a major transaction . Major transactions do not include transactions made in the course of the ordinary business activities of the company, as well as transactions that are mandatory for the company in accordance with federal laws and (or) other legal acts. Russian Federation and settlements for which are made at prices determined in the manner established by the Government of the Russian Federation, or at prices and tariffs established by the federal executive body authorized by the Government of the Russian Federation.

The decision to approve a major transaction is made by the general meeting of the company's participants. The decision to approve a major transaction must indicate the persons who are parties, beneficiaries in the transaction, the price, the subject of the transaction and its other essential conditions. The decision may not indicate the persons who are parties, beneficiaries in the transaction, if the transaction is subject to conclusion at the auction, as well as in other cases, if the parties, beneficiaries cannot be determined by the time the major transaction is approved (paragraph 3 of this article).

In accordance with the clarifications set out in paragraph 1 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of May 16, 2014 N 28 “On Certain Issues Related to Challenging Major Transactions and Interested Party Transactions” (hereinafter referred to as Resolution of the Plenum N 28), the requirement to recognize the transaction as invalid as committed in violation of the procedure for approval of major transactions and (or) transactions with the interest of the company, is subject to consideration according to the rules of paragraph 5 of Article 45, paragraph 5 of Article 46 of the Law on Limited Liability Companies and other laws on legal entities that provide for the need to approve such transactions in the established these laws, the procedure and the grounds for contesting transactions made in violation of this procedure.

A major transaction made in violation of the requirements for it provided for by this article may be declared invalid at the suit of the company or its participant (paragraph 5 of Article 46 of the LLC Law).

The court refuses to satisfy the requirements for declaring a major transaction made in violation of the requirements for it provided for by this article as invalid if one of the following circumstances exists:

voting of a member of the company who filed a claim for the recognition of a major transaction, the decision to approve which is made by the general meeting of participants in the company, as invalid, even if he took part in voting on this issue, could not affect the results of voting;
it has not been proven that the completion of this transaction has entailed or may entail the infliction of losses on the company or the member of the company that filed the relevant claim, or the occurrence of other adverse consequences for them;
by the time the case is considered in court, evidence of the subsequent approval of this transaction in accordance with the rules provided for by this Federal Law has been presented;
when considering the case in court, it was proved that the other party to this transaction did not know and should not have known about its completion in violation of the requirements for it provided for by this article.

Paragraph 3 of Decree No. 28 clarifies that a person who has filed a claim for the recognition of a transaction as invalid on the grounds that it was made in violation of the procedure for approving major transactions or transactions with interest, is obliged to prove the presence of signs by which the transaction is recognized, respectively, as a major transaction or a transaction with interest, as well as a violation of the procedure for approving the relevant transaction, as well as a violation by the transaction of the rights or legally protected interests of the company or its participants (shareholders), that is, the fact that the completion of this transaction has entailed or may entail infliction of losses on the company or its participant who applied with a corresponding claim, or the occurrence of other adverse consequences for them.

Paragraph 4 of this Resolution clarifies that if the court establishes the totality of the circumstances specified in paragraph 3 of this Resolution, the transaction is declared invalid.

In accordance with the balance sheet for fixed assets, the total book value of the real estate that is the subject of the disputed transactions, as of December 31, 2016 (as of the last reporting date before the disputed transaction) amounted to 750,000 rubles. Romashka LLC, under the agreement, was alienated all its property, indicated in the balance sheet.

At the same time, according to the balance sheet of Romashka LLC, as of 01/01/2017, the book value of the company's assets as of that date was 55,000 thousand rubles. 00 kopecks, while the contractual value of the alienated real estate was 750,000 rubles.

These circumstances indicate that the disputed contract is a major transaction for the company.

As stated above, by virtue of paragraph 3 of Article 46 of the LLC Law, the decision to approve a major transaction is made by the general meeting of the company's participants.

There is no approval of the disputed transaction.

Ivanov V.V. and Petrov A.A. they did not give consent to the contested transaction, did not participate in the general meetings of the company's participants on the approval of the disputed transaction and did not sign the relevant minutes of the general meetings of participants, they were not notified about the meetings. In addition, the actual payment under the disputed property purchase and sale agreement was not made.

By virtue of paragraph 1 of Article 167 of the Civil Code of the Russian Federation, an invalid transaction does not entail legal consequences, with the exception of those related to its invalidity, and is invalid from the moment it was made.

If the transaction is invalid, each of the parties is obliged to return to the other everything received under the transaction, and if it is impossible to return what was received in kind (including when the received is expressed in the use of property, work performed or service provided), to reimburse its value in money - if other consequences the invalidity of the transaction is not provided for by law (paragraph 2 of Article 167 of the Civil Code of the Russian Federation).

Based on the foregoing, I require

To recognize as invalid the transaction for the purchase and sale of real estate dated 06/15/2017. concluded by a limited liability company Romashka LLC and Lyutikova Adelaida Dmitrievna.
Apply the consequences of the invalidity of transactions - oblige Lyutikova Adelaida Dmitrievna to return within thirty days to the limited liability company "Romashka" real estate, consisting of the Building of a livestock maintenance station, purpose: production, area 2009.8 sq. m, letter Ya, number of storeys 1., located at the address: Sverdlovsk region, Nerodny district, s. Pilkovskoe, st. New, 10000.

Sincerely, _____________ (signature) I.I. Ivanov

The form of the document "Claim for the recognition of the service contract as invalid" refers to the heading "Claim". Save a link to the document in in social networks or download it to your computer.

Applicant: _____________________
Address: __________________________

CLAIM

I, _________________________ ____________ b. registered and living with my spouse - _____________________ __________ b. in the apartment at the address: _________________________.
__________ in the afternoon, when only my wife was in the apartment, citizens unknown to us rang at the door. Posing as employees of some organization, they said that they had to check the quality of the water in our apartment. After checking, they told my wife that the water we drink is completely unfit for drinking and needs to be filtered. The indicated persons offered to purchase a water filter, costing ______ rubles. __ kop. My wife said that she did not have such money and refused to buy a filter. After much persuasion and trickery, the sellers of the filter said that they could, as an exception, give my wife a discount, after which the cost of the filter would be _____ rubles. __ kop.
Thus, the sellers deliberately misled my wife about the quality of the water, only to sell her an expensive, unnecessary filter. The sellers talked about the low quality of water and the danger of its consumption for a long time and convincingly, in connection with which, my wife trusted them.
So, _________, between _________ LLC (hereinafter referred to as the Contractor) and me, ______________________ (hereinafter referred to as the Customer), a Service Agreement and an extension of warranty obligations were concluded.
I draw your attention to the fact that I, ___________, act as the Customer under the contract, despite the fact that at the time of the conclusion of the contract I was absent from the apartment and did not sign it.
In accordance with Art. 1.1. of the Agreement, the Contractor, during the term of this Agreement, performs "service maintenance" of the household water purifier system "______________".
In accordance with clause 1.2. The contract, service maintenance is understood, among other things, installation and commissioning of the system.
In accordance with the Sales receipt dated _________, my wife actually paid the Contractor ______ rubles. __ kop.

Thus, the Contractor, misleading my wife, forced her to conclude an agreement on the purchase and maintenance of expensive filters.

In accordance with Art. 420 of the Civil Code of the Russian Federation, an agreement is recognized as an agreement between two or more persons on the establishment, change or termination of civil rights and obligations.
In accordance with Art. 432 of the Civil Code of the Russian Federation, an agreement is considered concluded if an agreement is reached between the parties, in the form required in the relevant cases, on all essential terms of the agreement.
In accordance with Art. 433 of the Civil Code of the Russian Federation, the contract is recognized as concluded at the moment the person who sent the offer receives its acceptance.
In accordance with Art. 434 of the Civil Code of the Russian Federation, an agreement in writing can be concluded by drawing up one document signed by the parties, as well as by exchanging documents by postal, telegraph, teletype, telephone, electronic or other communication, which makes it possible to reliably establish that the document comes from the party under the agreement.

Thus, the Civil Code of the Russian Federation, as a mandatory requirement for a contract in writing, establishes the requirement that it contain the signature of a party to the contract.
The contract concluded between me and _________ LLC does not contain my signature, which makes the said contract invalid.

Moreover, in accordance with Art. 10 of the Law of the Russian Federation "On Protection of Consumer Rights", the manufacturer (executor, seller) is obliged to provide the consumer with the necessary and reliable information about goods (works, services) in a timely manner, which ensures the possibility of their correct choice. For certain types of goods (works, services), the list and methods of bringing information to the consumer are established by the Government of the Russian Federation.

I believe that my wife was misled by unreliable information about the quality of water and the properties of the product (filter), and therefore bought it without really needing it.

In accordance with Art. 13 of the Law of the Russian Federation "On Protection of Consumer Rights" for violation of consumer rights, the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer) is liable under the law or the contract.
In accordance with Art. 16 of the Law of the Russian Federation "On Protection of Consumer Rights" The terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection are recognized as invalid.
If, as a result of the execution of a contract that infringes on the rights of the consumer, he has incurred losses, they are subject to compensation by the manufacturer (executor, seller) in in full.

In accordance with Art. 167 of the Civil Code of the Russian Federation, an invalid transaction does not entail legal consequences, with the exception of those related to its invalidity, and is invalid from the moment it is made.
If the transaction is invalid, each of the parties is obliged to return to the other everything received under the transaction, and if it is impossible to return what was received in kind (including when the received is expressed in the use of property, work performed or services provided), to reimburse its value in money - if other consequences the invalidity of the transaction is not provided for by law.

I, ____________, am a participant in the Great Patriotic War and a disabled person of group 1 due to a general disease (I enclose a copy of the veteran's certificate and certificate of disability).
My wife and I are senior citizens and have not been working for a long time. Our only source of income is pensions. By his illegal actions, the Contractor caused great harm to our budget.

So far, we have not used the installed filter.

Moreover, I believe that by their unlawful actions, the employees of _______ LLC caused moral harm to me and my wife, the amount of which I estimate at ______ rubles. __ kop.
In accordance with Art. 15 of the Law of the Russian Federation "On Protection of Consumer Rights" moral damage caused to the consumer as a result of a violation by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) of consumer rights provided for by the laws and legal acts of the Russian Federation governing relations in the field of consumer protection, subject to compensation by the tortfeasor in the presence of his fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage.

In accordance with Art. 22 of the Law of the Russian Federation “On Protection of Consumer Rights”, the consumer’s requirements for a commensurate reduction in the purchase price of the goods, reimbursement of expenses for correcting defects in the goods by the consumer or a third party, the return of the amount paid for the goods, as well as the requirement for compensation for losses caused to the consumer as a result of the sale of goods of inadequate quality or provision of improper information about the product, are subject to satisfaction by the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) within ten days from the date of presentation of the relevant request.

I, _________, believe that the Agreement of ___________ should be declared invalid due to the absence of my will, as a party to the agreement, and the absence of my signature in it. Cash in the amount of _____ rubles. __ kop. should be returned to my wife as illegally obtained. Also, compensation for non-pecuniary damage in the amount of _____ rubles must be paid in our favor. __ kop.
Please also note that we were not able to resolve the situation on our own, and therefore, we had to seek legal assistance, the cost of which amounted to ______ rubles. __ kop.
The services were rendered to us qualitatively and in full, and the costs for their payment were actually incurred and documented, and therefore, I believe that these additional costs (losses) are subject to compensation in full.

In case of refusal to satisfy my claims, I will be forced to apply to the court with a statement of claim, in which, in addition to the above requirements, I will claim a fine in my favor in accordance with paragraph 6 of Art. 13 of the Law of the Russian Federation "On Protection of Consumer Rights".

Based on the aforesaid and guided by Article. 22 of the Law of the Russian Federation "On Protection of Consumer Rights"

1. Accept and consider this claim;
2. The contract for service maintenance and extension of warranty obligations dated __________ shall be considered invalid;
3. Return to my wife - ____________ the funds received from her in the amount of _____ rubles. __ kop.;
4. Compensate me and my wife for moral damage in the amount of _____ rubles. __ kop.;
5. Compensate for the costs of paying for legal services in the amount of _____ rubles. __ kop.;
6. Give the answer to this claim to my wife on the day of the appeal or send it in writing to the above address.

Application:
1. Copy of the contract dated _________;
2. Copy of the act dated _________;
3. A copy of the sales receipt dated __________;
4. Copy of the applicant's passport;
5. A copy of the veteran's certificate;
6. Copy of certificate of disability;
7. Copy of the applicant's spouse's passport;
8. A copy of the contract for the provision of legal services for compensation;
9. A copy of the receipt for payment of legal services;

« »______________ 2015 ______________________________________

It is possible to recognize a contract for the sale of an apartment if there are certain circumstances under which it was made (signed).
The law refers to such circumstances when:

A transaction made under the influence of delusion;
The transaction was made in a state when the person was not able to understand the meaning of his actions or manage them;
A transaction made under the influence of deceit, violence, threat, malicious agreement of a representative of one party with the other party
A transaction made with a purpose contrary to the foundations of law and order and morality;
Imaginary deal;
Fake deal;
A transaction made by a minor;
A transaction made by a person recognized as legally incompetent;
A transaction made in violation of the requirements of the law on its form;
A transaction made by a minor between the ages of 14 and 18 without the consent of his parents

Perhaps the most common ground for a court to recognize a transaction of sale as invalid is the transaction was made in a state where the person was not able to understand the meaning of his actions or manage them.
For example, when a citizen who abuses alcohol, being the owner of an apartment, can, without understanding the meaning of his own, dispose of his property without realizing at the time of signing the contract for the sale of an apartment and registering it, the legal consequences of such a transaction. Often, these situations are people who have problems with alcohol abuse or drug use.
The law provides protection for the rights of a person who made a transaction in a state where he was unable to understand the meaning of his actions. It should also be noted that the very fact that a citizen understood or did not understand the significance of his actions is determined by experts within the framework of a forensic psychiatric examination.

Between me and the defendant in __________, an agreement was concluded for the sale of an apartment located at: ____ (indicate the address).
I was the owner of this apartment at the time of the conclusion of the contract, on the basis of (specify the basis).
According to the terms of the contract, I sold the above apartment to the defendant for _______ rubles. I had no intention of selling my apartment. During the execution of the contract of sale, I abused alcohol and did not understand the meaning and meaning of the contract I signed, I also do not remember the circumstances of what happened.
As a result of the state registration of this agreement in the Office of Rosreestr for the city of _________, the ownership right was registered in the name of the defendant. I did not receive the funds specified in the sale and purchase agreement, tk. The defendant never gave them to me.

Claim for invalidation of a loan agreement, an apartment pledge agreement

On February 2, 2015, I concluded with the Respondent loan agreement (enclosed), according to which he received funds in the amount of 1,500,000 rubles for a period of 12 months at 30% per annum. However, in fact, I received RUB 1,492,537.31 ., which is confirmed by an expense cash warrant dated February 3, 2015 (attached).

In accordance with Part 3, Article 10 of the Law of the Russian Federation “On Mortgage”, when a mortgage agreement is included in a loan or other agreement containing an obligation secured by a mortgage, the requirements established for a mortgage agreement must be met with respect to the form and state registration of this agreement.

A sample statement of claim for the invalidation of part of the terms of the loan agreement, the recovery of an insurance premium, interest for the use of other people's money, penalties, compensation for moral damage

Interest for the use of other people's funds should be charged on the amount of funds illegally received and withheld by the bank from the day they were deposited by the plaintiff.
In accordance with Art. 395 of the Civil Code of the Russian Federation interest for the use of other people's money interest for the use of other people's money for the period from 08/06/2019 to 12/17/2019 is 1229.65 rubles (42240 * 131 days * 8 / 360 * 100 = 1229.65 rubles).

In accordance with part 2 of Art. 1107 of the Civil Code of the Russian Federation for the amount of unjust monetary enrichment, interest is charged for the use of other people's funds (Article 395 of the Civil Code of the Russian Federation) from the time when the acquirer knew or should have known about the unreasonable receipt or saving of funds.

Recognition of the contract as invalid

They are also invalidated. An imaginary transaction is one that is not aimed at forming the corresponding legal consequences. It is recognized as such, regardless of the method of concluding and actually fulfilling obligations under the contract. A transaction is considered feigned if it is also not aimed at creating consequences arising from it. But at the same time, it covers the other will of the participants. As a result, the contract concluded between the parties in this case is recognized as invalid. In such situations, the rules on transactions that the parties actually envisaged apply. For example, instead of buying and selling, there was a gratuitous transfer of property. At the same time, it was framed as a reimbursable transaction. This situation presupposes the recognition of the contract of sale as invalid. If feigned and imaginary transactions cover up agreements concluded for a purpose contrary to the foundations of morality and law and order, then consequences that are confiscatory in nature are subject to application. They are provided for in Art. 169 GK.

A claim for the application of the consequences of the nullity of the contract can be presented within 3 years from the moment when its execution began. The established period applies to applications, the limitation period of which, according to the previous Civil Code, did not expire before 07/16/2005 (before the entry into force of Federal Law No. 109). A claim for recognizing the contract as voidable and applying the consequences of its invalidity may be filed within a year from the moment of termination of the circumstances under the influence of which it was concluded, or from the day on which the plaintiff became or should have become aware of the facts serving as the basis for establishing nullity. .

Claim for invalidation of a service contract

In accordance with Art. 167 of the Civil Code of the Russian Federation, an invalid transaction does not entail legal consequences, with the exception of those related to its invalidity, and is invalid from the moment it is made.
If the transaction is invalid, each of the parties is obliged to return to the other everything received under the transaction, and if it is impossible to return what was received in kind (including when the received is expressed in the use of property, work performed or service provided), to reimburse its value in money - if other consequences the invalidity of the transaction is not provided for by law.

Claim for annulment of a contract

In accordance with Art. 347 Code of Civil Procedure of the Russian Federation, the court of cassation checks the legality and validity of the decision of the court of first instance based on the arguments set forth in the cassation appeal, presentation and objection to the complaint, presentation. The court of cassation, in the interests of legality, has the right to verify the decision of the court of first instance in full.

At the conclusion of the contract, I was forced to conclude it against my own will, on extremely unfavorable conditions for me, under the influence of a combination of difficult circumstances for me _________ (indicate what the difficult circumstances were, why they led to the conclusion of the transaction).

Grounds and procedure for recognizing a marriage contract as invalid

one year– to invalidate the voidable contract and its consequences. The limitation period starts counting from the moment when it became known (or should have become known) about the grounds for contesting the marriage contract. Or from the moment when the circumstances under the influence of which the contract was concluded (for example, violence) ceased.
three years- to invalidate a void contract and its consequences. The limitation period begins from the moment when the terms of the void contract began to be fulfilled. And if a third party who is not a party to the agreement applies to the court - from the moment when it became known about the fulfillment of its conditions. By the way, for such a person, the statute of limitations is ten years!

Name, address of the court to which the claim is filed;
information about the plaintiff (full name, date of birth, address of registration and residence, contact phone number);
information about the defendant (full name, date of birth, address of registration and residence);
the price of the claim, if the claims are of a material nature (or justification of the intangible nature of the claims);
description of the circumstances of the case (when the marriage was registered, when the marriage contract was concluded, how the marriage contract violates or restricts the rights of the plaintiff, contradicts the law);
evidence of the above circumstances;
a reference to the norms of legislation confirming the position of the plaintiff;
requirement to the court - to recognize the invalidity of the marriage contract (partially or completely);
application list.

Recognition of the cession agreement as invalid - conditions

The need for such an agreement arises in cases where the lender cannot recover the necessary amount from the borrower on his own. As for private individuals, with the help of a cession, they can share obligations among themselves. For example, a husband and wife during a divorce or a company during reorganization.

You don't have to deal with collectors.
the bank will go to court in your case and officially fix the amount of debt that you need to pay;
writ of execution will be returned to the bailiff service;
Debt collection will take place within the law.

Complaint to invalidate the deal

Recognize the contract of donation of a Honda CR-V vehicle, 2007, state. P111ST number is invalid (insignificant);
Apply the consequences of the invalidity of the transaction by returning the above property to Angelina Rodionovna Stuzheva;
Prohibit Stuzhevoy Angelina Rodionovna from disposing of the said property until the entry into force of the court decision on this claim.

Copy of the claim
Receipt for payment of state duty
A copy of the vehicle donation agreement
A copy of the decision to initiate enforcement proceedings
A copy of the resolution on the completion of enforcement proceedings and on the return of the writ of execution

Recognition of transactions as invalid: procedure and forms

Restoration of the previous property condition.
Payment of compensation if the acquired cannot be returned to the plaintiff.
The transfer of the property inherited by the defendant to the state fund, if it is established that the transaction was carried out with criminal intent, bypassing the current legislation.

Its conditions and obligations do not comply with the norms of law and order and morality.
It was concluded with a person who did not have the right to such actions due to infancy or incapacity.
In the process of creating conditions for the emergence of a desire to conclude a deal, forged papers were used.
She was a cover for some process.

09 Aug 2018 378

The two parties can agree among themselves, and conclude a deal, which will be confirmed by the contract.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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But, there are circumstances that lead to the fact that the contract becomes invalid and then you have to defend your interests in court.

Essence of the deal

Both citizens and legal entities can conclude a deal with each other.

The agreement can also be signed between any participants in economic and economic activities.

However, the contract must be in writing. The oral form of the contract is provided for by law, but it is quite difficult to prove in court.

What legislation governs

The drafting of contracts is governed by civil law. When compiling a document, you must comply with:

Chapter 27 of the Civil Code of the Russian Federation.
Chapter 28 of the Civil Code of the Russian Federation.

When drawing up a statement of claim, it is necessary to be guided by Art. 130 Code of Civil Procedure of the Russian Federation and art. 131 Code of Civil Procedure of the Russian Federation.

Existing grounds

The contract and the transaction are recognized by the court as invalid, under the following conditions:

Does not meet legal conditions	drafting a contract and closing a deal
Violates rights	and the interests of the persons specified in the contract
Concluded with goals	which are contrary to the norms of morality and law and order
One of the parties to the transaction is	a person who has been declared legally incompetent by a court or a child who has not yet reached the age of 14
The subject of the transaction is the property on which the ban is imposed	or lawful restriction on disposal, as determined by a court order or court order
The subject of the transaction is property	the circulation of which is organic or completely prohibited by law

The contract can only be declared null and void by a court at the request of one of the parties. Therefore, it is necessary to correctly draw up a statement of claim so that it is considered by the court on the merits.

Who can apply

You can file a lawsuit in court to declare a specific contract invalid:

As soon as the court declares the contract invalid, the transaction will automatically also be declared invalid.

The consequence of this will be restitution - that is, the return of both parties to their original state.

Assignment agreements

Such an agreement indicates that one party cedes its right to the other party. For example, ownership of a particular product or object.

This agreement is between 3 parties:

Most often, the cession is concluded on the subject of a loan agreement. However, the right cannot be assigned. A sample assignment agreement can be downloaded.

donations

You can resolve the conflict between the parties under one contract using. That is, one party gives the other party the subject of the contract, but at no cost.

But, depending on the tax regime, there may be tax consequences for both parties to the transaction.

Therefore, you should be very careful when concluding such an agreement. For example, you can enter into a donation agreement for a loan.

statute of limitations

In order to sue the transaction and the contract as invalid, the applicant has 3 years. This is the time frame given in Art. 181 of the Civil Code of the Russian Federation.

This period begins to run from the very moment when the execution of the void transaction began.

But, if the claim is filed not by a party to the transaction, but by a third party, then the limitation period must begin to count from the moment when this person learned about the beginning of the execution of such a transaction.

But, if the transaction is recognized by the court as voidable, then the statute of limitations is exactly 1 year from the start of its execution.

That is, 1 year from the moment the circumstance was applied that made it possible to recognize this transaction as such.

For example, a year from the date of the commission of an act of violence, delusion or threats against one of the parties to the transaction.

But there are exceptions:

What are the consequences

The main consequence of the recognition of the contract as invalid is restitution. It is unilateral and bilateral.

The rest of the consequences can be divided into 3 groups:

Counter statement

When one party files a claim to invalidate the contract, the other party has the right to file a counterclaim.

In it, she can make a request to the court and a claim to the opposite party for compensation for the damage that will be caused to her if the court recognizes the contract as such.