Davidova I. Invalidity of the transactions, which are concluded as a result of a mistake and a fraud.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U005491

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

09-07-2011

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The dissertation is devoted to research of problems of invalidity of the transactions, which are concluded as a result of a mistake and a fraud. The definition and the essence of the invalid transaction, the grounds of recognition of a transaction as invalid are considered, the basic doctrinal approaches of legal consequences of recognition of invalidity of a transaction, the meaning and the signs of a fraud and a mistake as the grounds of invalidity of transactions. The categories of a fraud and a mistake according to the civil legislation of Ukraine, and also the correlation of a mistake and a fraud as a ground of invalidity of the transaction are investigated in details. The basic types of mistakes and the criterion of their classification, and also the requirement of a mistake as a consequence of invalid transaction are defined. The considerable attention is given to the judiciary practice of recognition of the transaction as invalid that was concluded as a result of a mistake and a fraud and the problems, which are appeared in this sphere. The propositions about the improvement of civil norms currently in force and practice of their employment are formulated.

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