| Abstract [eng] |
(Consequences of Invalidity of a Transaction and Determination of the Starting Point of its Invalidity) The goal consequences of invalidity of transactions are stable and legitimate civil circulation. Invalidity of a transaction eliminates the legal validity. On the one hand, invalidity of a transaction has no legal consequences for the future, on the other hand, using the retroactive recognition of the transactions (retroactivity) principle, the transaction presumed to have not existed and the consequences of transaction are disappeared. Whereas, certain facts have occurred in reality, using legal instruments, parties are returned to the status quo before the transactional. Restitution, the main consequence of invalidity transactions, of subject of transaction, counterparts specific, or third parties rights in subject of transaction, may not always be applicable. In this context, parties returned to the status quo before the transactional, are used other legal instrument: no reason on assets and unjust enrichment rules, vindication, Actio Pauliana legal action. When the restitution returning the item back to the whole or counting the value of money becomes impossible and parties have legal obligation relationships, used no reason on assets and unjust enrichment rules. In the event, when the parties have not legal obligations relationships, their rights are protected by right in rem role of law (vindication). Legal action to return the debtor to the status quo before the transactional and to satisfy the creditors’ claims submitted in accordance with the Actio Pauliana rules. When parties are returned to the status quo before the transactional, there is a risk damaged third parties rights and legitimate interests. In order to ensure stable and legitimate civil circulation, it is necessary to take care about good faith purchasers. Thus, in each case, need to assess competition between the goal invalidity of transactions, consequences of invalidity of transactions and owner against third parties rights and legitimate interests. |
