Review of legal positions of the Supreme Court of the Russian Federation for 2015 – 2020 on the application of the provisions of the Civil Code of the Russian Federation on the invalidity of transactions and on the prohibition of abuse of rights

Pdf64x64

Issue: №3 (63) 2020

Heading: Topical issues of private law


Tags

Keywords: deal, agreement, invalid deal, void deal, public interests, interests of third parties, balance of interests, limits of exercise of civil rights, abuse of law, good faith.

Annotation

The article examines the content of the provisions of the main Resolutions of the Plenums of the Supreme Court of the Russian Federation, as well as reviews of judicial practice, approved by the Presidium of the Supreme Court of the Russian Federation, which relate to the procedure for applying Art. 168, Art. 170 of the Civil Code of the Russian Federation in conjunction with Art. 10 of the Civil Code of the Russian Federation. The conclusion is substantiated that abuse of the right is attributed by law to the number of independent grounds for recognizing the transaction as invalid. The examples of disputes are presented and analyzed, illustrating the relationship of the norms on invalid (void) transactions with the institution of "limits of the exercise of civil rights", with the basic principles of civil legislation.