| Abstract [eng] |
The master's thesis analyzes the relationship between the grounds for invalidity of a transaction established in Articles 1.90 and 1.91 of the Civil Code, when the transaction was concluded by material mistake or due to fraud in consumer and non-consumer transactions (contracts), and Article 6.228(4), which is intended to control the use of unfair terms in a contract. The thesis aims to examine the relationship between different legal norms and whether there is a possibility of applying these legal norms together and complementing each other. This topic is most clearly revealed through the prism of the grounds for invalidity of a transaction. The purpose of the institute of invalidity of a transaction is to ensure that the concluded contracts correspond to the true will of the parties, which must be determined by the internal conviction of the person. The creation of external circumstances by a party to the contract, which form the will of the counterparty, creates the prerequisites for declaring the transaction invalid. The scientific study analyzes the grounds for determining the invalidity of a transaction in accordance with Article 1.90 of the Civil Code (fundamental mistake, essential elements of the transaction that existed at the time of conclusion of the transaction (when a person incorrectly perceives the essential circumstances of the transaction, inaccurately expresses his will), individual characteristics of the party to the transaction (a person's age, health, education, business and other practices), filing a lawsuit by the mistaken party in court, disagreement between the parties to the transaction), in accordance with Article 1.91 of the Civil Code (fraud, violence, economic pressure, real threat, malicious agreement of a party's representative with the other party, difficult circumstances arising during the conclusion of the transaction), in accordance with the provisions of Article 6.228(4) of the Civil Code (the basis for applying the institute of invalidity of a transaction may be unfair terms of consumer contracts). It is noted that when delimiting the application of Articles 1.90, 1.91 and 6.228(4) of the Civil Code, it is important to determine whether a person knows at the time of concluding a transaction that the transaction does not correspond to his will, but concludes the transaction in order to avoid negative consequences. The master's thesis also focuses on the analysis of the consequences of the application of the legal norms enshrined in Articles 1.90, 1.91 and 6.228(4) of the Civil Code. |
