Contested transactions in accordance with the Civil Code of the Russian Federation are transactions that can be invalidated by a court decision. Moreover, without being challenged, such a transaction generates legal consequences as valid. This is its essential difference from a void transaction, which is invalid from the very fact of its completion. The transaction can be challenged on several grounds directly indicated in the Civil Code of the Russian Federation. To do this, you must file a claim with the court and provide evidence that the transaction is voidable.
Instructions
Step 1
First of all, it is necessary to clearly find out whether the transaction is voidable, or is null and void. It depends on how you will draw up your claim in court, which norms and articles of the law to refer to when challenging the transaction. In this matter, you should seek help from a lawyer practicing in the civil law field. According to the Civil Code of the Russian Federation, transactions made by persons can be recognized as voidable:
- at the age from 14 to 18 years old (Article 175);
- under the influence of delusion (Article 178);
- unable to direct their actions or understand their meaning (Article 177);
- limited by the court in legal capacity (Article 176);
- outside the legal capacity or authority of the person concerned (Articles 173 and 174).
Step 2
If the transaction that you intend to dispute falls under one of the definitions specified in the articles, file a statement of claim in court, detailing your position on this issue. Most often, contested transactions are transactions made by minors between the ages of 14 and 18. Parents who disagree with the actions of their child have the right to go to court and invalidate the transaction in which their child was a participant.
Step 3
In the descriptive part of the claim, you should describe in detail the essence of the transaction and its participants. In the operative part of the statement of claim, indicate the request to invalidate this transaction and cancel all legal relations associated with it in accordance with the current legislation. Attach copies of the documents you have to the statement of claim, which are evidence of the contestability of this transaction. Pay the state fee and file a claim with the district court.
Step 4
At the hearing on the merits, all the evidence you submitted will be considered, the respondent's objections will be heard and an appropriate decision will be made. After the transaction is declared invalid, your violated rights will be restored.
