Types of invalid transactions

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sadiksojib35
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Joined: Thu Jan 02, 2025 7:07 am

Types of invalid transactions

Post by sadiksojib35 »

There are only two of them: disputable and voidable. The first is invalid by a court decision, and the second was already invalid from the very beginning, that is, from the moment of signing. We conclude that their key difference is the moment of invalidity.

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What are the types of voidable transactions :

fictitious: committed only for appearance's sake mexico whatsapp phone number and without the purpose of creating legal consequences;
feigned: “cover up” another transaction;
violate the law and other legal acts, and also affect public interests or the rights of third parties. However, there is a nuance here - the law may indicate that they are contestable;
their purpose is contrary to moral standards and legislation;
they were committed by citizens who were incapacitated due to mental disorders;
they were committed by children under 14 years of age. There are exceptions: minor household and other transactions that are permitted for them;
transactions that required the consent of a third party or, for example, a government agency, but were carried out without it. But only if the law provides for their nullity;
violate the prohibition/restriction on managing property.


Grounds for recognizing a transaction as invalid
Firstly, the main difference between a voidable and a null and void transaction is that the former is only recognized as invalid by the court, while the latter is so from the very beginning. Secondly, a transaction is recognized as voidable on certain grounds, such as violation of the rights and legitimate interests of other persons. Thirdly, the consequences of an invalid transaction are applied by its parties, as established by law, and the court. In addition, this transaction cannot lead to the expected legal result that its participants want.
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