Peculiarities of partially invalidating a transaction

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Recognizing part of a contract as null and void does not mean that the entire contract will be null and void. In practice, an unscrupulous party may include a condition that violates the law, and it can be challenged separately from the entire document.

It is generally permitted to invalidate only part of a transaction, but it is necessary to prove that the transaction was concluded without this part. Otherwise, the other party may claim that this aspect is fundamental to it and without it it would not have entered into the contract at all. There is a risk that the entire document will be invalidated.

It is important to note: if part of the transaction mexico whatsapp phone number is declared invalid, the parties should not be forced by a court decision into a contract that they did not initially plan. For example, if the transaction is invalid because the condition on the redemption of the leased property in the lease agreement is invalid. The meaning of the transaction is lost without this, so the entire contract is declared invalid.

What conclusions can be drawn from the above :

Not every transaction can be declared invalid in part;
a part of a transaction that constitutes its essential terms as a whole cannot be declared invalid.
What are these essential conditions :

subject of the contract;
price of goods, procedure, terms and amounts of payments, terms of payment by installments;
insurance object, insurance event, amount of insurance sum, validity period;
rent amount;
the value of the property in the real estate sale agreement, etc.
There are some differences in the consequences of invalidity of a part of a transaction: it will remain in force except for the invalid part. If the invalid condition was met, then what was received under it must be returned. At the same time, the terms of invalid transactions are clearly defined.



Results
A transaction is an instrument that subjects of civil law use to establish their rights and obligations, as well as to ensure the fulfillment of obligations.

In legal literature, there is an opinion that the invalidity of transactions should be considered as the denial, to a certain extent, of legal consequences on the grounds that existed at the time of the transaction.

Reasoning "from the opposite", we can also derive the concept of a "valid transaction". It does not exist in the Russian civil legal field. We can say that this is a transaction that fully satisfies the requirements of the legislation and all the conditions of its participants.

In conclusion, it is important to note that the institution of invalidity of transactions exists not only in civil law. The norms on recognizing them as invalid are enshrined, among other things, in bankruptcy legislation, in the family, land and housing codes of the Russian Federation.

The institute of invalidity of transactions is inter-branch, which indicates its important place in the normative and legal regulation of social relations. Invalidity of transactions is one of the most dynamically developing areas in civil law.

Its importance is also due to the fact that the recognition of a transaction as invalid by the court may lead to a violation of the rights and legitimate interests of the parties, as well as to instability in civil circulation.