2. The legal consequences of transactions

If the transaction is committed in violation of the law, are not implemented, it is canceled. If the transaction is declared invalid in whole or in part is executed, the question arises about the consequences of the invalidity of the property.

The main consequence of the invalidity of a property transaction is a bilateral restitution. Each party shall return all received by another transaction, and in case of inability to repay in kind received to reimburse the cost of money.

According to Clause 2, Article. 167 CC two-way restitution is in all cases, the invalidity of the transaction, if the law does not otherwise specified. provides for restitution of bilateral deals, by:

1. in violation of the form;

2. violation of state registration of transactions;

3. beyond the capacity of legal person;

4. beyond the limits the authority to commit the transaction;

5. disabled citizens;

6. child younger etc.

Another legal consequence of the invalidity of the transaction is a unilateral restitution is that the performance gets back only one party. The other the party does not get executed. It is transmitted to the state. If, however unfair the party did not have to execute a transaction to the state budget is passed that is enforceable. As with bilateral or unilateral in the law provides for restitution in some cases, additional property implications in the race moves Vice reimbursement, the cost of lost or damaged property. Thus, recognizing the transaction null and void as the conclusion to a national, recognized as incapable, capable party, other than refund received in the transaction, the counterparty to reimburse her as he suffered actual injury, if it knew or should have known about his disability.

Denial of restitution and treatment of what has been referred to the execution or to be transferred in the transaction, to the state is a special kind of recognition of the effects of the transaction invalid. This effect provides, in recognition of the transaction null and void as perfect, with a view to opposing the rule of law and morality. Summon back may only party acted without malice. Guilty party must convey to the state all that was owed to her. If you received was spent in government revenue is transferred to recovery money. Agafonova N. Civil law: textbooks. allowance for universities / NN Agafonova under total. Ed. AG Kalkina, because in total. and prof. Education of the Russian Federation, Moscow. Gos. Legal. Acad. - Publ. 2 nd, revised. and add. - M.: Yurist, 2002. - 542s.

The notion of timing and types of civil law. Civil legal there in time, which in many cases has an important influence on their development. Of particular importance is for civil rights, the very existence of which is time limited, for example, the term of the signed agreement, because they can be realized only during this time. In many cases, and the protection of the infringed right is limited to time frames. Therefore, the implementation and protection of civil rights are often directly dependent on the time factor. But the legal significance is not in itself a process over time, a sequence of different links and sites, and its separate phases, segments, called the timing. The onset or after the deadline entails legal consequences in the form of, modification or termination of legal relations, ie is a legal fact.

Usually the term refers to the legal facts - events, since over time an objective and not dependent on the will of the people. However, the establishment and determination of duration of strong-willed is the origin, the dates in the civil law shall be prescribed by law or regulations, judicial decisions or transactions. Many time-frame may be suspended or reinstated, which also spoke of their strong-willed nature. Therefore, most dates are twofold: as a strong-willed, by origin, they are linked to an objective process over time. As a result, they are a special category of legal facts that can not be attributed either to events or actions to most but not all have the term civil-legal significance.

Legal value usually has a beginning, or the termination date. It breeds during the period of civil legal consequences only in conjunction with other legal facts, for example, warranty or rock limitation.

Date, time of the time, were excluded by the statutory rules. In accordance with Art. 191 CC deadlines begin to run on the following day after the calendar date or event, as defined by their start.

The implementation of civil rights - this time limit within which the authorized person may exercise their, including by requiring the commission of certain acts of the person obligated. They authorized the provision of real opportunities for individuals of their rights. In turn, among these periods allocated to the existence of civil rights, preclusive and warranty period. Terms of the civil rights represent the duration of subjective rights in time. They are designed to provide authorized individuals the time to realize their rights and at the same time give some certainty and stability to civilian traffic. With the expiration of the term subjective civil right is terminated, and the possibility of its implementation is lost.

Preclusive Dates set the limits of civil rights. They provide authorized persons is strictly a time for the realization of the rights under threat of termination of those rights. Rumynina V. Fundamentals of Law: Training Manual. - Moscow: NORMA-INFRA-M, 2005. - 256s.

The warranty period of time - periods during which the seller, manufacturer or otherwise ensures the suitability of goods or services for use on a normal appointment, as purchaser has the right to demand free removal detected deficiencies, the replacement of the goods, or any other application installed law or contract effects. Variety of warranty periods are the dates of service that are established for goods, durables. In contrast, the expiry dates set forth for food, medicine and other goods are the periods, after which the product is considered unfit for use appointment and therefore not subject to sales. They represent a kind of preclusive time limits and therefore should not be equated with the warranty period.

Dates of performance of duties - the periods during which the liable person must fulfill the obligations incumbent upon them. These deadlines are often set by agreement between the parties, and sometimes not determined or determined by the time demand. Violation of timing performance of duties is the basis for the application to the infringer of liability.

The term of protection of civil rights - provided by authorized persons for the time periods of treatment to the offender or the court with the requirement of protection or enforcement of their rights. These include the claim date and time frame limitation. Claims period set duty authorized person previously to apply to meet their demands to the alleged violator to meet them on a voluntary basis. They may be fixed by agreement or custom business turnover and in this case does not affect the rights of authorized the person to judicial protection. Until recently, compliance with these deadlines, it was a sine qua non of the arbitral tribunal with a claim to legal persons. Meanwhile, the threat of losing the right to sue because of the non-order claim, in essence, makes the claim preclusive time limits and contrary to the principle of free, self-enjoyment of civil rights. It is no coincidence that the binding order is not known claim or developed legal systems nor international commercial traffic. Therefore, a new civil law retains it only as an exception, mainly in transport obligations.

Limitation periods. Recognizes the limitation period for the forced protection of violated morality by an action in the Court. Purpose limitation - to give the victim a strictly defined, but it is enough time to protect his rights, but after a suit forced the victim is deprived of the possibility of protection of their rights, it infringed the right to remain. These dates differ from suit preclusive deadlines, after which it bears the loss of rights.

Statute of Limitations is designed to help eliminate the instability, uncertainty as to the participants of civil turnover. If there is no authorized person could be as long as you want to keep the faulty debtor under threat of public exposure measures, not realizing his interest in protecting those rights.

The general limitation period applicable to the majority of the requirements of civil law, is set in three years. For the individual requirements of the law may set a specific period of time limitation as the reduction or longer, compared with the general term. Thus, in accordance with Art. 181 CC sued for annulment rebuttable transactions may be brought only within one year from the date of the right to sue, but for the requirements of the application of the consequences of the invalidity of the transaction is null and void a 10_year limitation period. Special Statute of limitations provision of transport legislation. For specific dates set the same treatment as for the general, including the rules of calculation, the suspension and interruption, the consequences of the expiry. Rumynina V. Fundamentals of Law: Training Manual. - Moscow: NORMA-INFRA-M, 2005. - 256s.

The suspension, interruption and restoration of limitations. Filing suit in court, and possibly after the expiration of the term. The court did not have the right to refuse consideration of such a requirement, particularly because the person as a result of the proceedings, you can determine if, in fact, expired limitations and not whether the circumstances involving her suspension, the suspension or reinstatement. In this context, the right to require a trial the applicant, regardless of the expiration dates. Other case law for forced protection, which, according to the above reasons, can only be exercised within the limits of period. Limitation apply to the court on the parties to the dispute, and made up to the time-judgment (Clause 2, Article. 199 CC).

After the termination of the circumstances, suspend the prescription, it continues during the remaining period. However, in the interests of the entitled person limitation in these cases is always longer or up to six months, or for a period of limitation, if it is reduced to six or less months. A special case of suspension of limitation, the law refers to the abandonment of the claim presented in court without consideration. Rumynina V. Fundamentals of Law: Training Manual. - Moscow: NORMA-INFRA-M, 2005. - 256s.

Suspension of limitation here occurs regardless of the time being abandoned without a consideration of the claim, and its course after the abandonment of the claim without considering continuing in a general manner. No extension timing does not occur, except in cases of abandonment without consideration of a civil suit, filed in the criminal process. Certain actions of the parties, the harm-they have taken over term, after dropping off his break a period of limitation shall begin to run again, but the last time before the break is not counted in its length. This interruption of limitation different from the suspension of civil rights. Not mandatory order unknown or developed legal systems nor international commercial traffic. Therefore, a new civil law retains it only as an exception, mainly in transport obligations.

Limitation is suspended by two circumstances:

1. presentation of the claim in the prescribed manner;

2. an obligated person action indicating recognition of its debt.

In the first case to break the court action is necessary to consider, ie compliance with established civil procedural law rules of jurisdiction or responsibilities, the processing and payment of duty of the statement of claim, etc.

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