Kagalnitskova N.V. Simulated and Sham Transactions in the Reformed Civil Code of the Russian Federation

Kagalnitskova Natalya Vladimirovna

Candidate of Juridical Sciences, Associate Professor,
Department of Civil and International Private Law, Volgograd State University,
Base Department of Southern Scientific Center of the Russian Academy of Sciences (SSC RAS)
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation

Abstract. The Article 170 of the Civil Code of the Russian Federation is devoted to legal regulation of simulated and sham transactions. The provisions of this article were reproduced from Art. 53 of the Civil Code of the RSFSR. The present research aims at studying the changes in the legal regulation of imaginary and pretended transactions in connection with the adoption and entry into force of the Federal Law no. 100-FL of May 7, 2013. When making a sham transaction, as well as the simulated, the viciousness of the will and the will manifestation is revealed in the fact that they are designed so as not to reach the legal result, typical of this kind of transactions. Yet, unlike the simulated one, the sham transaction is aimed at the emergence, change, termination of civil rights and obligations, but not those that arise from the sham transaction. It is actually the sham transaction which is considered to be simulated and is repealed, as the parties do not intend to perform the execution of the transaction, or actually perform it on other terms. At this the simulated and sham transactions are often challenged not by the persons who committed them, but the interested persons who do not know until a certain time that the simulated or sham transaction was committed.

Key words: invalidity of transaction, void transactions, simulated transaction, sham transaction, consequences, limitation of action, circumvention of law, protection of violated rights.

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