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Kagalnitskova N.V. The Theoretical Legal Problems of the Distinction Between Void and Voidable Transactions in Civil Law

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. This article analyzes the provisions of the Federal Law of May 7, 2013 no. 100-FL “On Amending Subsections 4 and 5 of Section I of the first part and the article 1153 of the third part of the Civil Code of the Russian Federation”, concerning the evolution of legal regulation of criteria of void and voidable transactions. The author notes that the void transactions are different from voidable in the following features: the indication of the transaction insignificance in law; insignificance of transaction regardless of violations of the rights and interests of the parties to the transaction and third parties; insignificance of the transaction regardless of the wish of a person to save the transaction; the possibility of ascertaining the insignificance of transaction by the court, including the context of judicial proceedings on another subject; the possibility of application by court of consequences of transactions invalidity on its own initiative for public purposes, the inability of transaction convalidation; a three-year term of limitation.

Key words: transaction, invalidity of transaction, void transactions, voidable transactions, restitution, sham transaction, protection of violated rights.

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