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Student
Title
Supervisor
Faculty
Educational Programme
Final Grade
Year of Graduation
Kirill Gerasimenko
Transactions, Made under the Influence of a Substantive Delusion
Jurisprudence
(Bachelor’s programme)
2016
This graduation paper is aimed at the complex analysis of theoretical and practical problems associated with the transactions concluded under the influence of significant errors. The main objectives of the paper are: a) identifying the specifics of significant errors as a defect of will; b) the study of issues related to the development of essential error criteria; c) the study of the legal implications of the analyzed transaction type; g) analysis of the existing problems related to the recognition of transactions made under the influence of delusion, as invalid and void; h) development of proposals and recommendations on the improvement of legislation.

Based on the research certain conclusions and proposals to improve the legislation were made. Here are some of them: firstly, the transaction made with a defect of will (in the context of an error) should be defined as a transaction in which a decision on the transaction was made under the influence of the certain factors provided by law (negative impact, which in the context of the present work is a significant misconception); secondly, the mechanical and technical mistakes (typos, misspellings, etc.) is an error in the expression of will, which should be distinguished from an error in the will; thirdly, the proposed changes in the paragraph 2 of Article 178 of the Civil Code are needed; fourthly, it is necessary to reconsider the approach to the consequences of the invalidity of the analyzed transaction type; fifthly, one of the current regulatory shortcomings is that today the article 178 of the Civil Code does not provide for rules on the excusable and inexcusable mistakes.

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