THE INVALIDATION OF A DEAL MADE BY A PERSON UNDER THE INFLUENCE OF AN ERROR
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 1
Abstract
In this article the author considers the category of error and its types as a reason for invalidity of transaction. The rapid development of market relations, resulting from the transition to a market economy, requires stability contractual structures that are provided by their validity (no risk of cancellation). However, due to various reasons for the transaction may not be recognized as the property of reality. Defects in the formation of will is a reason to constitute grounds for appeal to the court with a demand for the cancellation of the legal outcome, which arose as a result of making a deal. The article presents a comprehensive analysis of the error category is determined by its content and impact on the validity of the transaction. On the basis of the conducted research made a number of considerations: the content of the materiality of errors has a subjective-objective nature; types of errors that are identified as essential in accordance with legislation, do not always have this property; essential character may be a bug that is not defined by law; error when concluding an abstract contract does not have the right value; the right to apply to the court with a demand for the cancellation of the legal outcome of this type of transaction is authorized only by the person who made a mistake, but in certain cases as an exception, this right may be provided and other persons (hereditary legal relations); excusatory error should not affect the validity/invalidity of the transaction, however, is required to account for when indemnity of losses. Such an approach makes a basic ground and outlines the doctrine of mistake as a reason for recognizing the transaction invalid, it should contribute to the stability of civil turnover.
Authors and Affiliations
Віталій Анатолійович ЛАВРІНЕНКО
Keywords
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