CONCEPT AND CHARACTERISTICS OF BONDED TRANSACTIONS

The article is devoted to the analysis of qualifying indices of the enslaving transaction. The various points of view, which are available on the matter in legal literature, as well as in jurisprudence practice, have been reviewed. The author comes to a conclusion about lack of the uniform approach to the concept of the enslaving transaction and its qualifying signs not only in the scientific literature, but also in jurisprudence that often leads to impossibility to prove committing of the enslaving transaction. The article has reviewed the following required features of enslaving transaction: 1) forced deal due to exceptional circumstances, and 2) committing transaction on the terms unfavorable to the victim, and 3) awareness by the other party of the transaction of the circumstances, in which the victim party is, and the use of this in the own interests or the interests of the other party in committing the deal. The lack of uniformity in the interpretation by the judicial authorities of the qualifying features of the enslaving transaction often leads to the lack of positive solutions. This suggests the need for the clearer legislative recognition of the concept of the enslaving transaction in the RF Civil Code, which will successfully apply it in practice minimizing the occurrence of disputes regarding this category of cases.

enslaving transaction, difficult circumstances, extremely unfavorable conditions, debatable transactions, sellers, lenders, abuse, carelessness, contract, expertise