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In the Russian legislation, the institution of invalidity of transactions has been already used for a long time, but the consensus regarding the classification of the transactions into challengeable and void has not been achieved  in the science of the Civil law yet.

According to p.1, art.166 of the RF Civil Code, the legal basis of division of the transactions into void and challengeable is the procedure of recognition of the transaction being invalid; a challengeable transaction is invalid due to recognition of such by a court; a void transaction is invalid regardless of such recognition. 

In the Draft amendment to Section I of the RF Civil Code, the general rule of Art. 168 of the RF Civil Code is supposed to be changed:  previously, a transaction that does not meet the requirements of law and other legal acts was recognized as null and void, and now it is suggested to be recognized as challengeable, except the cases of its being void. These are two cases:

- if it is recognized as invalid by the law or any other legal act, the requirements of which were violated;

- if it violets public interests or rights and legitimate interests  of any third parties,  unless the law consider such transaction as challengeable.  


Thus, the demonstration of this legalistic phenomenon is quite diverse. In its formal-legalistic meaning, non-concluded contract is one of the so called negative categories of the civil law and it  points out that civil law bargain does not exist as it is. The nonexistence of a legal bargain means that the specific effects of the bargain in the case of its existence as if it were concluded and all the applicable requirements of the law were fulfilled, do not exist. Therefore, the non-existent bargain as a negative legalistic fact does not produce any legal effect at all; or produces a legal effect that does not coincide with the consequences of the current bargain that undermines the stability of the civil law.

Договор

1.       LIABILITIES

1.1.  The Lessor is obliged to:

a)      To provide the Leasee with the Lodging in proper condition according to the rules and regulations of such Lodgings maintenance.

b)      Not to sell, share or lease to any other citizen the present Lodging during the term of the present Contract.

c)       To inspect the Lodging and provide prevention services of the sanitary equipment, located in it.

d)      During the period of the Lease, pay for the Lodging, utilities, excluded the payment for electricity, on time.

1.2. The Leasee is obliged to:

a)      To use the Lodging according to its purpose.

b)     To take care of the Lodging, sanitary and other equipment, and to ensure their safety.  In the case of any breakage, to inform the Lessor and take all measures to repair.

c)    To repair on their expense all the damages of the sanitary or other equipment, or compensate the consumer properties of the Lodging worsening, happened on the Leasee’s  fault.




Категория: Мои статьи | Добавил: orator (27.06.2011)
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