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Regular version of the site

Right to Claim for Invalidation of Void Transaction: Theory and Practice

Student: Elizarov Dmitriy

Supervisor: Anna S. Vlasova

Faculty: Faculty of Law

Educational Programme: Legal Support and Business Protection (Master)

Final Grade: 7

Year of Graduation: 2020

The master's thesis is the result of the research of theoretical and practical aspects of void transactions’ invalidity. Particularly, the research work highlights the most urgent problems of implementation of the right to demand invalidation of void transactions and identified disadvantages of the current legal regulation. The relevance of the topic is due to the fact of that the legal institution of transactions’ invalidity has changed significantly in the framework of the ongoing civil law reform. As a result, the features of void and disputable transactions were radically revised, the presumption of disputability of transactions that did not meet the requirements of the law was formed. Moreover, such new categories of civil law regulation as “public interest”, “violation of the essence of legislative regulation” were introduced, regulation of the person’s circle entitled to apply for recognition of a void transaction as invalid was changed. At the same time, legal uncertainty for a number of important issues persists even after emergency adoption of the Resolution of the Supreme Court Plenum of the Russian Federation dated 23 June 2015 № 25 "On application by courts of certain provisions of section I of the Civil code of the Russian Federation". The Resolution has adjusted the legal regulation of invalid transactions in order to prevent the threat of collapse in the judicial practice because of the inconsistency of legislative material. The author examines the problems of applying existing legal norms arising in judicial arbitration practice, offering specific options for resolving conflicts identified. Besides, the author draws attention to the discrepancies between the doctrinal approaches to invalidity and current law enforcement practice (in particular, on the issue of whether a void transaction has consequences not related to its invalidity, for example, as interruption of the limitation period). The extensive use of judicial practice materials to check the consistency of the laws and theoretical concepts that should have been the basis for it, as well as the attempt to analyze the results of achieving reform goals declared in the Civil Law Development Concept of the Russian Federation, largely determined the structure of the research. Thus, the master’s thesis consists of the introduction, two chapters, each of which consists of three paragraphs, and the conclusion. The first chapter is a theoretical study that contains the analysis of the doctrinal provisions related to the research topic, as well as the legal framework. The second chapter is the result of judicial practice analysis (mainly arbitration) that is devoted to identification of practical problems of the right to demand invalidation of a void transaction and to attempt to solve these problems. The final part is the conclusion from the analysis conducted, in which measures aimed at further improving the legislation on the invalidity of void transactions are suggested. Particularly, author's definitions of key concepts are given, as well as a forecast of the development of judicial practice on the topic of the study. In addition, the author criticizes the possibility of invalidating a void transaction "from the essence of the obligation" and draws attention to the incomplete achievement of the reform goals laid down in Civil Law Development Concept of the Russian Federation.

Full text (added May 23, 2020)

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