ACTUAL PROBLEMS OF LEGAL REGULATION OF THE INVALIDITY OF TRANSACTIONS IN THE LIGHT OF THE REFORM OF THE CIVIL LEGISLATION
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Author(s): | Narushkevich S. V., |
| Number of journal: | 3(28) | Date: | August 2014 |
| Annotation: | The article is devoted to the analysis of amendments to the Civil code of the Russian Federation, stipulated by the Federal law of 07.05.2013 No.100-FZ «On amendments to subsections 4 and 5 of section I of part one and article 1153 of part three of the Civil code of the Russian Federation». The provisions of this Law concerning the invalidity of transactions, as well as court practice are analyzed. Based on this study, the conclusion is made that the current legislation requires detailed analysis in order to improve legal regulation of the transactions and conditions of their validity; the numerous uncertainties in the doctrine and legal practice concerning fictitious transactions are stated. The author makes proposals for improvement of the legislation. |
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| Keywords: | civil law, freedom of contract, invalid transaction, voidable transaction, imaginary deal, fraudulent transaction, void transaction, legally significant messages, decisions of the meetings, court decision, Statute on limitations on claims |
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