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Legal Mechanisms of Restoration of the Subject's Rights in Defective Transactions
[Правовые Механизмы Восстановления Прав Субъектов Дефектных Сделок]

Author

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  • Anatoliy Kostruba

    (Vasyl Stefanyk Precarpathian National University)

Abstract

We consider the issues properly to protect the legitimate rights and interests of civil relations defective committed transactions. The attention is paid to defects subjects, form and content of the transaction. It is indicated that failure to comply with the subject composition almost never leads to nothingness transaction. As for the flaws of the transaction form as the basis of its invalidity, it is mentioned that first we must determine the role played by the legal fact conditions and how they affect his ability to create legal consequences. The disadvantages of the content include flaws of law terminating legal fact — in the form of the transaction agreement. It is proved that the absence of purpose when all other elements of behavior meet the corresponding legal model, creates a fictitious or imaginary transactions. Proposed is the sequence for installation of law terminating legal facts in the form of contracts: 1) legal model of fact; 2) the actual fact of the parties; 3) legal conditions for the existence of facts; 4) real conditions of fact existence; 5) objective legal fact; 6) legal and factual consequences of the transaction.

Suggested Citation

  • Anatoliy Kostruba, 2014. "Legal Mechanisms of Restoration of the Subject's Rights in Defective Transactions [Правовые Механизмы Восстановления Прав Субъектов Дефектных Сделок]," Post-Print hal-02548864, HAL.
    • Handle: RePEc:hal:journl:hal-02548864
    Note: View the original document on HAL open archive server: https://hal.science/hal-02548864
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