How should the issue on bringing the parties to the original...

How should the issue on bringing the parties to the original position be resolved in case of invalidation of tenders for the sale of a dwelling?

As explained by the US Supreme Court in the Review of Legislation and Judicial Practice for the IV quarter of 2008, according to paragraph 2 of Art. 449 of the US Civil Code, the recognition of invalid trading entails the invalidity of a contract concluded with the person who won the bidding. Recognizing that the contract of sale and purchase of a disputed housing accommodation concluded between the branch of the United States Federal Property Fund and S. (the person who won the auction) is invalid (the case found a violation of Article 446 of the United States Civil Code, article 46 of the Federal Law of 21.07.1997 No. 119-FZ "On Enforcement Proceeding", which was in effect at the time of the sale of the plaintiff's apartment), the court did not take into account that the invalidation of the contract concluded with the person who won the auction entails the consequences of the invalidity of the transaction provided for in Art. 167 of the Civil Code of the United States, by virtue of which, as a general rule, each of the parties is obliged to return another received all under the transaction, and did not indicate in the decision how the original provision should be restored, than violated the requirements of cl. 167 of the US Civil Code. At the same time, the question of bringing the parties to their original position should be resolved by the court simultaneously with the recognition of the transaction as invalid. However, this was not done by the court, as a result of which the rights and interests of the plaintiff Ch., Whose claims for the invalidation of tenders and the contract concluded after the sale of the disputed apartment were satisfied, were violated.

Thus, in case of invalidation of tenders for the sale of premises, the question of bringing the parties to the original position should be resolved by the court simultaneously with the invalidation of the contract of sale concluded with the person who won the auction.

In what amount should the state fee be calculated when filing a claim for the invalidation of the contract of sale and gift, as well as the application of the consequences of the invalidity of the transaction, if the plaintiff does not claim the property (money)?

Responding to this question in the Review of Legislation and Judicial Practice for the third quarter of 2006, the US Supreme Court indicated that, since the claim for invalidating sales contracts or donations, as well as the dispute over the application of the consequences of the invalidity of the transaction, is related to the rights to property, the state fee for filing such claims should be calculated in accordance with sub. 1 p. 1 of Art. 333.19 US Tax Code - as when filing a claim of property nature, subject to assessment, depending on the price of the claim.

What is the difference between insignificant transactions from those that are contested and what does it matter to determine the subject of contestation?

One of the main differences between the disputable and insignificant transactions is that alongside the parties, only a person expressly specified in the law (paragraph 2 of Article 166 of the Civil Code of the United States) can demand the recognition of a disputable transaction, and an insignificant transaction - any interested person (paragraph 2 of clause 2 of Article 166 of the Civil Code), if it does not raise the issue of the application of the consequences of its invalidity. It follows that the correct definition of a subject that can initiate the recognition of a transaction as invalid depends on the correct division of invalid transactions into disputable and insignificant transactions.

Separate insignificant transactions from disputable ones by the disposition (content) of the article that the plaintiff chose as the basis for the invalidity of the transaction. The grounds for the invalidity of transactions are dispersed throughout the US Civil Code. They contain and part of the first US Civil Code, for example, paragraph 3 of Art. 162, paragraph 3 of Art. 253, paragraph 4 of Art. 339, art. 362, p. 1 of Art. 449; and part two of the US Civil Code, for example Art. 550, 560, para. 2 tbsp. 820; and part three of the US Civil Code, in particular para. 2 p. 1 of Art. 1124, art. 1131, as well as part four of the Civil Code of the United States - paragraph 6 of Art. 1232, paragraph 2 of Art. 1240. The most general and universal grounds for the invalidity of transactions are formulated in art. 168-179 Civil Code of the United States. In total, the US Civil Code has about 50 grounds for invalidity of transactions. If the plaintiff justifies the invalidity of transactions by anything, but not by references to the above-mentioned articles, it is advisable to leave the statement of claim without motion or in the courtroom to thoroughly investigate on what the requirement for the invalidity of the transaction is based, otherwise it can not be determined either with the proper plaintiff or with the subject of proof. Similarly, you have to act if there are several grounds for invalidity of transactions. In particular, by repealing one of the decisions of the Kirovsky district court of Volgograd, the judicial collegium for civil cases of the Volgograd Regional Court indicated that K. in support of his claims to recognize the sale and purchase transaction invalid refers to Art. 178 and 179 of the US Civil Code. The court of first instance is in the order of Art. 39 of the CCP of the United States should clarify the reasons for the claims and, depending on this, resolve the dispute (Case No. 33-892 // Archive of the Kirov District Court of Volgograd).

The grounds for the invalidity of transactions may be contained in other normative legal acts besides the US Civil Code. As an example, art. 16 of the US law of 07.02.1992 No. 2300-1 (as amended on 02/07/2013) "On the protection of consumer rights". But it's more like an exception to the rule.

Having decided on the basis, it is necessary to turn to the disposition of the norm. If the transaction is negligible, this is usually stated directly in the article. If the transaction is contested, the law indicates that it can be invalidated. Take the art. 169 of the US Civil Code, which states that a transaction committed for a purpose that is clearly against the basis of law and order or morality is void if the law does not establish that such a transaction is contested or does not provide for other consequences of the violation. Now turn to paragraph 1 of Art. 177 of the US Civil Code. According to this rule, a transaction committed by a citizen, though capable, but being at the time of its commission in such a state when he was not able to understand the significance of his actions or to guide them, "can be recognized by the court as invalid" on the suit of that citizen or other persons whose rights or interests protected by law are violated as a result of its commission. The fact that the transaction is contested can be testified by the wording: the person "has the right to demand the recognition of the contract as invalid" (Article 684 of the Civil Code) and others like her.

Sometimes the US Civil Code contains only an indication of the invalidity of the transaction, but does not indicate directly whether it is contested or insignificant, and who can contest it (paragraph 4 of Article 339). In this case, the court must proceed from the general rule formulated in Clause 1, Art. 168 of the Civil Code of the United States - except for the cases provided for in paragraph 2 of this article or other law, a transaction that violates the requirements of a law or other legal act is contested if it does not follow from the law that other consequences of the violation that are not related to the invalidity of the transaction .

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