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Will and Expression of Will in Regard to Invalid Contacts

Student: Dzhumagulov Daniil

Supervisor: Anton A. Ivanov

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2019

This research is aimed at studying the institution of invalid contracts through the prism of categories of will and expression of will. The purpose of this study is to develop a classification of the composition of invalid contracts in accordance with the structure and principles of the will. To achieve this goal, the following tasks were set: 1) to consider the composition of invalid contracts and current judicial practice; 2) to consider the will and the expression of will from a historical point of view; 3) to determine the elements of the will and the structure of the will; 4) to determine the principles necessary for the recognition of the will to be legitimate; 5) determine the criteria for classifying the composition of invalid contracts; 6) to consider invalid contracts in accordance with the classification; 7) to summarize the classification obtained. The implementation of the tasks allowed to classify invalid contracts on the basis of a substantive and structural criterion, which in turn led to the following conclusions: 1. It is necessary to introduce a distinction between contracts concluded under the influence of fraud on contracts concluded as a result of fraud on the subject matter of a contract and contracts concluded as a result of fraud on the nature of the contract or other material circumstances. 2. It is necessary to introduce a distinction between contracts that are contrary to the law or another legal act on contracts whose purpose is contrary to the law or another legal act and contracts that are contrary to the law or another legal act.

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