Transactions made by minors under fourteen years of age. What transactions can minors make?

The limited legal capacity of minors and their age determine the requirements for the transactions they make and the ability to carry them out independently. Thus, children from 6 to 14 years old have the right, for example, to buy inexpensive toys and receive movable property. The rest of the transactions are carried out on their behalf by their parents. Children from 14 to 18 years of age can, in addition to the specified transactions, exercise copyrights, open bank deposits and manage your income. To carry out other transactions, they will need parental consent. Transactions that could be made by children under 6 years of age are not provided for by law.

Requirements for transactions made by minors

Special legal status minors is associated with a limitation of their legal capacity, which, as a rule, arises in in full with the onset of adulthood (on reaching the age of 18 years). The exception is cases of acquisition full legal capacity upon marriage before reaching the age of 18, or declaring a minor who has reached the age of 16 fully capable (emancipation) (clauses 1, 2, article 21, clause 1, article 27 of the Civil Code of the Russian Federation).

Requirements for transactions made by minors are determined based on the limitation of legal capacity depending on age (up to 14 years or from 14 to 18 years).

Thus, for minors under 14 years of age (minors), most transactions can be made on their behalf only by their parents, adoptive parents or guardians. Wherein property liability for such transactions, as well as for transactions made by minors independently, their parents, adoptive parents or guardians are responsible, unless they prove that the obligation was violated through no fault of theirs. In addition, these persons are responsible for harm caused by minors (clauses 1, 3, Article 28 of the Civil Code of the Russian Federation).

Note!

Donation on behalf of minors, with the exception of ordinary gifts costing no more than 3,000 rubles is prohibited ( pp. 1 clause 1 art. 575 of the Civil Code of the Russian Federation).

Minors aged 14 to 18 years can enter into transactions with written consent their parents, adoptive parents or guardians (including with subsequent written approval by them completed transaction). The exception is transactions that minors can carry out independently. Minors specified age group independently bear property liability for transactions made by them (both independently and with the consent of legal representatives), and bear responsibility for the harm caused by them (clauses 1 - 3 of Article 26 of the Civil Code of the Russian Federation).

If guardianship (for minors) or trusteeship (for children aged 14 to 18 years) is established over minors, in order to carry out transactions related to the disposal of their property, it is necessary to obtain prior permission (consent) from the guardianship and trusteeship authority. This rule applies to transactions involving the alienation of the ward’s property, leasing it, free use or as collateral, for transactions entailing the renunciation of the rights belonging to the ward, the division of his property or the allocation of shares from it, as well as any other actions entailing a decrease in the property of the ward.

A guardian, trustee, their spouses and close relatives do not have the right to enter into transactions with the ward, with the exception of transferring property to him as a gift or for free use. Also, these persons cannot represent the ward when concluding transactions between him and the spouse of the guardian or trustee and their close relatives (clause 1 of Article 32, clause 1 of Article 33, clauses 2, 3 of Article 37 of the Civil Code of the Russian Federation).

A special rule has also been established in relation to alienation transactions real estate belonging to a minor: such transactions are subject to mandatory notarization, regardless of the age of the minor. At the same time, non-compliance notarial form the transaction entails its nullity (clause 1, clause 2, clause 3, article 163 of the Civil Code of the Russian Federation; part 2, article 54 of the Law of July 13, 2015 N 218-FZ).

Transactions that minors can carry out independently

Depending on their age, minors from 6 to 18 years old can make individual transactions independently. Transactions that minors under 6 years of age could independently carry out are not provided for by law.

Minors aged 6 to 14 years have the right to independently commit next deals(clause 2 of article 28 of the Civil Code of the Russian Federation):

• small household transactions (for example, buying groceries or inexpensive toys);
• transactions aimed at free receipt benefits that do not require notarization or state registration(for example, receiving a gift of movable property);
• transactions for the disposal of funds provided by a legal representative or with his consent by a third party for specific purpose or for free disposal.

In addition to the indicated transactions, minors aged 14 to 18 years have the right to independently, without the consent of their legal representatives (Clause 2 of Article 26 of the Civil Code of the Russian Federation):

• exercise the rights of the author of a work of science, literature or art, invention or other result of his intellectual activity protected by law;
• contribute to credit organizations and dispose of them;
• manage your earnings, scholarships and other income.

Note. The court, at the request of legal representatives or the guardianship and trusteeship authority, if any sufficient grounds may limit or deprive a minor of the above rights ( clause 4 art. 26 of the Civil Code of the Russian Federation).

Consequences of transactions by minors that they do not have the right to carry out independently

A transaction made by a minor (with the exception of transactions that he has the right to enter into independently) is void. Each party to such a transaction is obliged to return to the other everything received in kind, and if this is impossible, to reimburse its cost. Moreover, if the other party to the transaction is capable person knowing that he is entering into a transaction with a minor, such person is obliged to compensate the minor for real damage. At the same time, at the request of the parents, adoptive parents or guardian of a minor, the court may recognize the transaction as valid if it was made for the benefit of the child (Clause 1 of Article 171, Article 172 of the Civil Code of the Russian Federation).

A transaction made by a minor aged 14 to 18 years without the consent of his legal representative in cases where such consent is required is voidable and can be declared invalid by the court at the claim of the legal representative. The consequences of declaring such a transaction invalid are the same as those indicated above when making a transaction by a minor (Article 175 of the Civil Code of the Russian Federation).

Commentary on Article 172 1.

The commented article regulates the invalidity of transactions made by minors in accordance with the provisions on the legal capacity of persons under the age of 14 years.

In accordance with paragraph.

1 tbsp. 28 of the Civil Code of the Russian Federation, as a general rule, for minors under 14 years of age (minors), transactions can be made on their behalf only by their parents, adoptive parents or guardians. At the same time, parents or adoptive parents, having equal rights(Article 61 of the RF IC) enter into transactions jointly as legal representatives.

At the same time, paragraph 2 of Art. 28 of the Civil Code of the Russian Federation provides that minors aged six to 14 years have the right to independently carry out small household transactions; transactions aimed at obtaining benefits free of charge, which do not require notarization or state registration; transactions for the disposal of funds provided by a legal representative or with the consent of the latter by a third party for a specific purpose or for free disposal.

In connection with this circumstance, only those transactions are void that do not fall under the said rule on the independent participation of a minor in the transaction.

2. A transaction made by a person under the age of 14 outside of his legal capacity is void. As in the case if the transaction was made by a citizen, recognized by the court

incapacitated, each party to such a transaction is obliged to return to the other everything received in kind, and if it is impossible to return what was received in kind, to reimburse its value in money. The capable party is obliged, in addition, to compensate the other party for the actual damage it has suffered if the capable party knew or should have known about the minor’s lack of legal capacity. The scope of legal capacity of a minor citizen entering into a transaction is sometimes difficult to determine also taking into account the fact that, as a rule, it is impossible to find out whether funds were provided to the child by a legal representative or a third party with his consent for a specific purpose or for free disposal.

3.

An invalid transaction of a minor, as well as a transaction of a citizen declared incompetent, can be “healed” at the request of his parents, adoptive parents or guardian, if it is made for the benefit of the minor.

Article 172. Invalidity of a transaction made by a minor under fourteen years of age Commentary on Article 172
1. Historical note. The inability of a person to make legally significant expressions of will may be due to his young age. Declaring invalid transactions made by minors is typical for the vast majority of legal systems. At the same time, the establishment of a special composition of invalidity for transactions of minors is specific feature specifically domestic legal system. Similar rules, which first appeared in
positive law Minors under the age of 14 (juveniles) do not have legal capacity. All transactions for them (on their behalf) are carried out only by their legal representatives - parents, adoptive parents or guardians (Clause 1 of Article 28 of the Civil Code of the Russian Federation). The exception is small household transactions and some other transactions that minors from 6 to 14 years of age have the right to carry out independently (for more details, see the commentary to paragraph 3 of this article). The remaining transactions made by minors independently are invalid (void) on the basis of clause 1 of the commented article.
The rules of the commented article are subject to application not only to the actual transactions of a minor, but also to his other expressions of will, for example, to transaction-like actions (on the concept of transaction-like actions, see the commentary to Article 153 of the Civil Code of the Russian Federation).
1.2. Formality of composition. The elements of invalidity established by the commented article are formal. To apply it, only one qualifying feature is required - the age of the subject of such a transaction (up to 14 years). All other factors are irrelevant. In particular, individual psychophysiological and intellectual features development of a child.
1.3. Good faith of the counterparty. The formality of the considered invalidity means that a minor’s transaction is void regardless of the good faith of the other party - whether she knew about the illegality of the transaction (about the age of her counterparty and/or the impossibility of him completing the transaction on his own). This circumstance may create certain problems for participants in the turnover. In conditions of increasing acceleration, the age of the person with whom you enter into a transaction is not always obvious, and its determination by external signs- not an easy task. Of course, in contrast to transactions with persons incompetent (see Article 171 of the Civil Code of the Russian Federation and the commentary thereto), the problem is not so acute. In most cases, a participant in transactions can minimize the risk of entering into a transaction with a minor quite simply: he has the opportunity to request documents and establish the age based on them.
However, in a number of situations, the mere knowledge that a person has not reached 14 years of age does not completely exclude entering into an invalid transaction. Thus, a minor has the right to carry out a number of transactions independently. These include small household transactions (subclause 1, clause 2, article 28 of the Civil Code of the Russian Federation), the definition of which is based on evaluation criteria - compliance with the age needs of the child and insignificance in amount. Due to the ambiguity of these criteria, the counterparty may in good faith be mistaken about the nature of the transaction and the possibility of minors completing it independently.
A situation is possible when a minor’s counterparty’s conscientious misconception about the legality of the transaction was formed under the influence of the behavior of the minor himself, for example, by providing falsified evidence that he is managing funds provided by the legal representative (subclause 3, clause 2, article 28 of the Civil Code of the Russian Federation).
It seems that the domestic legal order’s disregard for the integrity of a minor counterparty leads to a clearly unfair distribution of risks and does not correspond to global trends in the development of private law regulation. We can only hope that this circumstance will be “corrected” judicial practice. Other options for solving the problem could be to change the composition of the commented article, taking it into account with the requirements of the good faith of the counterparty.
1.4. Invalidity of a minor's transaction: special cases. The elements of invalidity provided for by the commented article cover only the situation when the transaction was made by a person who, due to age, is not capable of expressing a legally significant will (minors), independently. Respectively, this article is not subject to application in cases where such a transaction is carried out on behalf of a minor by a legal representative, but when it is carried out, the established procedures or restrictions.
So, in a number of cases, provided by law, the legal representative does not have the right to make transactions on behalf of the minor without the prior consent (permission) of the guardianship and trusteeship authority. For example, in accordance with paragraph 2 of Art. 37 Civil Code of the Russian Federation similar resolution required in relation to alienation transactions, including the exchange or donation of a minor’s property, the leasing of such property, for free use or as a pledge, transactions entailing the renunciation of the minor’s rights, division of his property or separation from it shares and some others (see also paragraphs 3, 4, 6 of Article 19, Article 20, paragraph 1 of Article 21 of the Law on Guardianship and Trusteeship). These rules are formulated for guardians, but by virtue of paragraph. 2 p. 1 art. 28 of the Civil Code of the Russian Federation also applies to other legal representatives of a minor - parents and adoptive parents.
Permission of the guardianship and trusteeship authority on its own legal nature is an act government agency subject of the Russian Federation (body local government). It must be expressed in writing(see: clause 3 of article 21 of the Law on guardianship and trusteeship, clause 55 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of June 23, 2015 No. 25).
The permission of the guardianship and trusteeship authority is consent to a transaction made by the legal representative on behalf of the minor. Accordingly, if in the above cases the transaction was made by the legal representative of a minor without such permission, it does not fall under the rules of the commented article, but may be declared invalid according to the rules of Art. 173.1 of the Civil Code of the Russian Federation (see commentary to it).
1.5. Invalidity of a minor's transaction: special cases (continued). In addition to the need to obtain the consent of the guardianship and trusteeship authority, in some cases the law completely prohibits a legal representative from making a transaction on behalf of a minor. So, by virtue of clause 3 of Art. 37 of the Civil Code of the Russian Federation, a guardian, as well as his spouse and close relatives, does not have the right to enter into transactions with a minor (except for the transfer of property to the ward as a gift or for free use). By virtue of the direct reference of paragraph. 2 p. 1 art. 28 of the Civil Code of the Russian Federation, these restrictions apply to any legal representative of a minor, including a parent and adoptive parent. The commented article also does not apply to cases of violation of such a prohibition, since we are not talking about the transaction being carried out by minors themselves. About the consequences of violation this ban see commentary to paragraph 3 of Art. 182 of the Civil Code of the Russian Federation.
1.6. Nullity and its consequences: similarity with the rules of Art. 171 Civil Code of the Russian Federation. The provisions of the commented article are almost identical to the requirements established by Art. 171 Civil Code of the Russian Federation. In this regard, the conclusions drawn from the analysis of the latter (regarding the nullity of the transaction, bilateral restitution as its general consequences, limitation period for relevant restitution requirements - see paragraphs 1.6, 1.9, 1.11 of the commentary to Art. 171 of the Civil Code of the Russian Federation), are also relevant in relation to the considered elements of invalidity.
1.7. Additional consequence of invalidity. In regulating the consequences of the nullity of the transaction in question, the commented article also refers to the requirements of paragraph. 3 p. 1 art. 171 of the Civil Code of the Russian Federation (see commentary to it), which provides as an additional consequence the obligation of the legally capable party (the minor’s counterparty) to compensate the other party for the actual damage it has suffered.
The specified “liability” can be applied to a minor’s counterparty only if he is dishonest and has intent or gross negligence to complete a transaction in violation of the law, i.e. in a situation where the minor’s counterparty knew or should have known about the age of the other party and/or his impossibility of completing a transaction on his own, incapacity. At the same time, the mere fact of the counterparty’s failure to request documents confirming the age of the minor can only be considered as simple negligence (“could have known”), and should not give rise to the liability of the minor’s counterparty in question (for more details, see the commentary to Article 171 of the Civil Code of the Russian Federation).
2. Convalidation: similar to the rules of paragraph 2 of Art. 171 Civil Code of the Russian Federation. Paragraph 2 of the commented article, which establishes the rule on the convalidation of a void transaction made by a minor, almost verbatim repeats the corresponding provisions of paragraph 2 of Art. 171 Civil Code of the Russian Federation. In this regard, previously drawn conclusions about the conditions, procedure and consequences of convalidation (see commentary to paragraph 2 of Article 171 of the Civil Code of the Russian Federation) also apply to the composition in question.
3. Scope of application: exceptions. The rules of the commented article do not apply to transactions of minors, which they have the right to carry out independently. So, in accordance with paragraph 2 of Art. 28 of the Civil Code of the Russian Federation, minors aged 6 to 14 years have the right to independently carry out: small household transactions; transactions aimed at obtaining benefits free of charge, which do not require notarization or state registration; transactions for the disposal of funds provided by a legal representative or with his consent by a third party.

In accordance with Art. 17 of the Civil Code of the Russian Federation, all citizens, including minors, are recognized as having the ability to have civil rights and bear responsibilities (civil capacity).

Scope of legal capacity minor citizens depends on their age and other circumstances.

There is no consensus on the legal capacity of minors.

Some civilists believe that minors under fourteen years of age are incompetent, since the opportunities provided to them by law to commit individual species transactions are strictly exhaustive and are an exception to general rule. In addition, they believe that it is impossible to talk about the legal capacity of a person if he does not bear independent responsibility for his actions1 1 Bezbakh V.V., Puchinsky V.K. Fundamentals of Russian civil law. M.: Mirror, 1995. P.71.. O.S. Ioffe noted on this issue that calling these persons partially capable means shifting the emphasis from their general status as incapacitated persons to exceptional cases recognition of their legal capacity2 2 Ioffe O.S. Soviet civil law. L., 1967. P.40.

3 Civil law: In 4 vols. T. 1. a common part: Textbook / Answer. ed. prof. E.A. Sukhanov. M., 2009. P. 167..

Children under six years of age are completely incompetent; all actions on their behalf and in their interests are performed by legal representatives. As is rightly noted, direct instructions The law does not contain this, but such a conclusion follows from paragraph 2 of Art. 28 Civil Code of the Russian Federation3.

The partial legal capacity of minors is sometimes characterized as limited. As correctly stated, it is possible to limit what the subject of law already has. If the law recognizes legal capacity for minors not in full, then it is impossible to see restrictions in this, because he did not have a large amount of legal capacity before. The current Civil Code of the Russian Federation with the concept " limited capacity minors" is not used, in law we're talking about that minors are granted some part of full legal capacity.

Partial legal capacity distinguishes between the legal capacity of young children aged 6 to 14 years and the legal capacity of minors aged 14 to 18 years.

The capacity of citizens begins as they grow older and they become psychologically able to perform the actions necessary to acquire civil rights and assume responsibility for themselves. civic duties. Minimum age beginning of legal capacity - 6 years. Citizens aged 6 to 14 years (minors) have the right to independently, without parental consent, commit:

1) small household transactions. The legislator does not give the concept of a small household transaction, therefore, various sources offer its characteristics, which generally come down to three categories: small household transactions are understood as such actions that correspond to the age of a citizen and are associated with the satisfaction of his daily needs for small amounts, for example, the purchase of groceries food, tickets to entertainment enterprises and public transport, orders for minor repairs, etc. It seems that all three signs can be criticized: children develop quickly, and what seems inappropriate to an adult children's age, may be normal for a developed minor; and everyday needs and small amounts, in general, depend on the needs and material well-being of a particular family.

In practice, going beyond the limits of legal capacity occurs every day, and this question the court has to decide in rare cases challenging similar transactions. Therefore, the dispute about whether the actions of a minor that go beyond the limits of his legal capacity are only actual or legal nature, seems somewhat scholastic. The actual performance of actions is evident, and they acquire legal meaning, unless they are challenged and declared invalid by the interested parties themselves on both sides or by the court1 1 Tarkhov V.A. Civil law. Part 1. Course. M.: Norma, 2009. P. 175;

• 2) transactions aimed at obtaining benefits free of charge, which do not require notarization or state registration. This refers to donation and gratuitous use, in which a minor receives a gratuitous benefit. At the same time, as it is correctly noted, the law does not directly indicate the maximum value of a gift given to a minor aged 6 to 14 years.
• 3) transactions for the disposal of funds provided by a legal representative or with the consent of the latter by a third party for a specific purpose or for free disposal (Article 28 of the Civil Code of the Russian Federation). Free disposal means the execution of any, including non-small, everyday transactions. One should agree with the opinion that these transactions are carried out under the indirect control of the legal representatives of a minor2 2 Civil law: In 4 volumes. Vol. 1. General part: Textbook / Rep. ed. prof. E.A. Sukhanov. M., 2009. P. 170..

All other transactions can be made on behalf of minors aged 6 to 14 years only by their parents, adoptive parents or guardians.

Property liability for transactions of a minor, including transactions made by him independently, is borne by his parents, adoptive parents or guardians, unless they prove that the obligation was violated through no fault of theirs. These persons, in accordance with the law, are also responsible for damage caused by minors.

In the literature, the opinion has been repeatedly expressed that children under the age of 14 are completely incompetent, since “the opportunities provided to them to carry out individual transactions are strictly exhaustive and are an exception to the general rule. In addition, one cannot speak of the legal capacity of a person if he does not bear independent responsibility.” responsibility for their actions"1 1 Civil law: Textbook. Part 1 / Ed. A.P. Sergeeva, Yu.K. Tolstoy. M.: Gardariki, 1998. P. 103..

It appears that this position wrong. Minors under 6 years of age are truly completely incapacitated; they cannot commit any legal meaningful action, but children aged 6 to 14 years are endowed with a certain legal capacity, and Art. 28 of the Civil Code of the Russian Federation is called “The legal capacity of minors”.

If a minor has entered into a transaction not provided for in paragraph 2 of Art. 28 of the Civil Code, it is recognized as void from the moment of completion (clause 1 of Article 172 of the Civil Code), and the consequences of the invalidity of the transaction apply to it, committed by a citizen declared incompetent (clause 1 of article 171 of the Civil Code). In this regard, the property consequences of the transaction completed an individual those under fourteen years of age will be divided into basic and additional.

The main property consequences will be in accordance with paragraph 1 of Art. 171 of the Civil Code of the Russian Federation refers to the return by each of the parties to an invalid transaction of the other of everything received in kind, and if it is impossible to return what was received in kind - its compensation monetary value. An additional consequence by virtue of the same article, there will be mandatory compensation capable party to the other party of the losses incurred by it real damage, if the capable party knew or should have known about the incapacity of the other party. From this it is clear that the peculiarity of imposing additional property consequences on the capable party is that the assignment is made directly dependent on the subjective moment of the behavior of the capable party (the latter knew or should have known about the incapacity of the other party). However, at the request of the parents, adoptive parents or guardian of a minor in his interests, a transaction made by him may be recognized by the court as valid if it was made for the benefit of the minor (clause 2 of Article 172 of the Civil Code).

Articles 171, 172 of the Civil Code of the Russian Federation provide for the possibility judicial recognition the transactions in question are valid at the claim of the legal representatives of the incompetent or minor if it was made for the benefit of the incapacitated or minor. A transaction must be recognized as completed for the benefit of an incompetent or minor if the court concludes that a conscientious guardian, parent or adoptive parent under the same circumstances would have made this transaction on behalf of the incompetent or minor.

WITH legal point In view of this, any transaction can be declared invalid. In what cases is a transaction considered invalid? What types of invalid transactions exist and their legal compositions, and also, what are the terms for recognizing their invalidity? We will talk about this in detail in our article.

In the civil legislation of the Russian Federation, issues of invalidity of any types of transactions are given attention great attention, including law and regulations require the expression of the true will of all participants in the transaction in a form that complies with the permissible standards, as well as the possession of the legal capacity of each participant. Violation of any of these conditions entails the invalidity of the transaction.

The moment of commission and limitation periods of invalid transactions

In accordance with Art. 167 of the Civil Code of the Russian Federation, the moment of recognition of a transaction as invalid occurs from the time of its completion. However, the law provides for cases where it is impossible to recognize a transaction as invalid from the moment it is completed, for example, a lease agreement. This type of transaction is terminated for the future. The Civil Code of the Russian Federation also provides for limitation periods for invalid transactions:

• on claims for application of consequences of invalid void transactions- maximum 10 years from the date of its commission;
• on claims for recognition voidable transaction invalid and the application of the consequences of its invalidity - within 1 year from the date of termination violent actions that influenced the completion of this transaction, or from the day the plaintiff established the fact of other circumstances that served as the basis for declaring the transaction invalid.

Types of invalid transactions and their legal structures

Invalid ones may be:

• Voidable, that is, declared invalid court decision based on the Civil Code of the Russian Federation.
• Void, that is, invalid, regardless of whether they are recognized as such by the court.

Besides, in civil law There is such a thing as a relatively invalid transaction (for example, transactions that were made under the influence of deception, violence, a combination of difficult circumstances, etc.), which are regulated by Art. 178-179 Civil Code of the Russian Federation. The invalidity of such transactions is recognized by a court decision based on the requirements interested parties, until such a statement is received, the transaction is considered valid. Lack of fact of execution invalid transaction is completely exhausted by declaring it invalid. In case of complete or partial execution of a transaction that is subsequently declared invalid, there are property consequences:

1. Bilateral restitution - in the event of a transaction being declared invalid, each party has an obligation to return the property received under the transaction (returned). If it is impossible to return the received item in its nature (loss or destruction), the parties are obliged to reimburse its value in monetary equivalent.
2. Unilateral restitution- when, in the event of a transaction being declared invalid, in relation to one of the parties to the transaction, the situation that existed before the transaction was made is restored. In this case, the other party does not have the right to do this, and everything that it received during the execution of the transaction is collected as state income.
3. Non-admission of restitution - cases where a transaction is declared invalid with the impossibility of restoring the previous position of both parties. All property received during the execution of the transaction is confiscated in favor of the state.

Legal structures of void transactions

IN Civil Code several stand out special types illegal transactions.

1) Transactions made for a purpose contrary to the fundamentals of morality and law and order (Article 169 of the Civil Code of the Russian Federation). As a rule, such transactions are made with deliberate intent and have a number of consequences:

• if there is a fact of bilateral intent, restitution is not allowed, and everything received from the transaction is collected as state income;
• if there is a fact of unilateral intent, everything that was received by the innocent party is recovered from the guilty party as state income, at the same time, everything that was received during the execution of the transaction from the guilty party is returned to the innocent party in full. In this case, unilateral restitution is applied.

2) Transactions made by a person declared incompetent

In accordance with Art. 171 of the Civil Code of the Russian Federation, a transaction is considered invalid if it was made by a citizen who was previously declared incompetent (due to dementia, mental illness, etc.). Also, in accordance with Art. 176 of the Civil Code of the Russian Federation, a transaction will be declared invalid if it is completed without the consent of the trustee by a person limited in legal capacity due to alcohol or drug abuse.

3) Transactions that were made by a person under 14 years of age.

The invalidity of a transaction made by a minor is determined by Art. 172 of the Civil Code of the Russian Federation. However, civil law The Russian Federation provides for the possibility of independently carrying out small household transactions minors under 14 years of age. The consequence of such transactions is bilateral restitution.

4) Pretentious and imaginary transactions.

A transaction made with the aim of concealing a third-party transaction is called a sham transaction (Article 170 of the Civil Code of the Russian Federation). An example of such transactions can be considered the sale by a person of part of the living space located in the department of the organization through an exchange. Sham transactions are recognized as invalid in all cases and contain an expression of will aimed at achieving third-party legal consequences.

Note that the transaction hidden a sham deal, may be valid and fully comply with Russian legislation.

An action done just for show, without the intention to create legal consequences, is called an imaginary transaction. An example of such a transaction would be the purchase and sale of property with a preliminary agreement between the parties on the absence of any rights and obligations. In accordance with Art. 170 of the Civil Code of the Russian Federation, imaginary transactions are concluded without the occurrence of legal consequences.

Legal structures of contestable transactions

• Transactions legal entity, the commission of which is unacceptable due to its incompetence.

The invalidity of such transactions is regulated by Art. 173 Civil Code of the Russian Federation. A transaction that was made in conflict with the goals and objectives in accordance with the charter and regulations of the organization may be declared invalid in judicial procedure at the claim of this legal entity, its founder or the government agency that controls the activities of this enterprise. In this case, it is necessary to prove the fact that the other party knowingly received information about the transaction. Unilateral or bilateral restitution is applied to such transactions.

• Transactions, committed by persons aged 14 to 18 years.

The invalidity of transactions that were made by a person who has reached the age of 14 to 18 years is determined by Art. 175 of the Civil Code of the Russian Federation. As a result of the law, such transactions are recognized as invalid if they are made without the consent of parents, trustees/adoptive parents. The Civil Code of the Russian Federation also stipulates partial capacity teenagers, allowing them to independently carry out small household transactions and giving them the right to manage their scholarship or their earned money.

• Transactions made under the influence of delusion.

In accordance with Art. 178 of the Civil Code of the Russian Federation, a transaction may be declared invalid due to a misconception that may be significant. An example of such a transaction would be the fact that correct presentation parties about the subject of delivery. A transaction made under the influence of a misconception is declared invalid upon the claim of the party who took part in the transaction under the influence of a significant misconception. The consequence of such a transaction will be bilateral restitution. The party that filed the claim, and in whose favor the transaction was declared invalid, has the right to demand from the other party full refund expenses, damage or loss of your property.

• Transactions made under the influence of deception, violence, threat, malicious agreement between a representative of one party and the other party, or a combination of difficult circumstances.

Any transactions made under the influence of deception, threat or violence are considered invalid.

Deception in the transaction - deliberate misrepresentation of one of the parties to the transaction for their own benefit. Most often, this is some fictitious information regarding this transaction, and, accordingly, the other party cannot have a correct understanding of the very essence of the transaction. Violence in the transaction - when one of the parties enters into an unfavorable transaction due to physical coercion, that is, not of their own free will, but in order to get rid of moral and physical suffering. Threat in the deal - impact on the psyche, as a result of which one of the participants agrees to complete a transaction under the influence of fear of property or non-property damage. A threat, as an action, can come from any person. Such a transaction will be declared invalid if it is established that the threat was unlawful. For example, the mental influence of a creditor on a debtor who fails to fulfill his obligations under the contract will not serve as a basis for recognizing the invalidity of the transaction. Moreover, such a threat has real significance, that is, its implementation. A transaction may be declared invalid upon the claim of the victim or the claim of the state or public organization, if it was committed under difficult circumstances, in two cases:

• a combination of difficult circumstances for the victim;
• extremely unfavorable conditions.

If a transaction that was concluded under the influence of any of the above conditions is declared invalid, the guilty party must return to the injured person everything that was received during the transaction. If it is impossible to return the property in kind, it will be reimbursed in cash. The victim also has the right to demand that the guilty party recover the costs incurred.