Voidability of transaction as absolute legal consequence of noncompliance with its notarial form
The paper analyzes the provisions of the Civil Code of the Russian Federation concerning the elements of transaction form. In particular, the essence of these elements has been investigated. Differences of the consequences of incompliance with them have been analyzed. It has been established that th...
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| Format: | Article |
| Language: | English |
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Kazan Federal University
2017-04-01
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| Series: | Ученые записки Казанского университета: Серия Гуманитарные науки |
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| Online Access: | https://kpfu.ru/voidability-of-transaction-as-absolute-legal_306601.html |
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| _version_ | 1841561906995789824 |
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| author | I.I. Bagautdinov |
| author_facet | I.I. Bagautdinov |
| author_sort | I.I. Bagautdinov |
| collection | DOAJ |
| description | The paper analyzes the provisions of the Civil Code of the Russian Federation concerning the elements of transaction form. In particular, the essence of these elements has been investigated. Differences of the consequences of incompliance with them have been analyzed. It has been established that the notarial form of transaction consists of general (document, party signature, and seal impression) and special (notary certification statement) elements. Incompliance with the special element of the notarial form only results in its voidability. In its turn, incompliance with other (general) elements of the notarial form characterizes it as void. It has been emphasized that the transaction can be considered void only upon conclusion and can not be void in case it is not concluded. Using these rules, as considered by the author, favors uniformity in interpretation and application of legal regulations in courts. |
| format | Article |
| id | doaj-art-1ae7e1881df04667abf8bf35466c5d9a |
| institution | Kabale University |
| issn | 2541-7738 2500-2171 |
| language | English |
| publishDate | 2017-04-01 |
| publisher | Kazan Federal University |
| record_format | Article |
| series | Ученые записки Казанского университета: Серия Гуманитарные науки |
| spelling | doaj-art-1ae7e1881df04667abf8bf35466c5d9a2025-01-03T01:17:15ZengKazan Federal UniversityУченые записки Казанского университета: Серия Гуманитарные науки2541-77382500-21712017-04-011592373382Voidability of transaction as absolute legal consequence of noncompliance with its notarial formI.I. Bagautdinov0Kazan Federal University, Kazan, 420008 RussiaThe paper analyzes the provisions of the Civil Code of the Russian Federation concerning the elements of transaction form. In particular, the essence of these elements has been investigated. Differences of the consequences of incompliance with them have been analyzed. It has been established that the notarial form of transaction consists of general (document, party signature, and seal impression) and special (notary certification statement) elements. Incompliance with the special element of the notarial form only results in its voidability. In its turn, incompliance with other (general) elements of the notarial form characterizes it as void. It has been emphasized that the transaction can be considered void only upon conclusion and can not be void in case it is not concluded. Using these rules, as considered by the author, favors uniformity in interpretation and application of legal regulations in courts.https://kpfu.ru/voidability-of-transaction-as-absolute-legal_306601.htmlnoncompliance with notarial form of dealvoidability of dealelements of notarial form of dealnon-conclusion of deal |
| spellingShingle | I.I. Bagautdinov Voidability of transaction as absolute legal consequence of noncompliance with its notarial form Ученые записки Казанского университета: Серия Гуманитарные науки noncompliance with notarial form of deal voidability of deal elements of notarial form of deal non-conclusion of deal |
| title | Voidability of transaction as absolute legal consequence of noncompliance with its notarial form |
| title_full | Voidability of transaction as absolute legal consequence of noncompliance with its notarial form |
| title_fullStr | Voidability of transaction as absolute legal consequence of noncompliance with its notarial form |
| title_full_unstemmed | Voidability of transaction as absolute legal consequence of noncompliance with its notarial form |
| title_short | Voidability of transaction as absolute legal consequence of noncompliance with its notarial form |
| title_sort | voidability of transaction as absolute legal consequence of noncompliance with its notarial form |
| topic | noncompliance with notarial form of deal voidability of deal elements of notarial form of deal non-conclusion of deal |
| url | https://kpfu.ru/voidability-of-transaction-as-absolute-legal_306601.html |
| work_keys_str_mv | AT iibagautdinov voidabilityoftransactionasabsolutelegalconsequenceofnoncompliancewithitsnotarialform |