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a) the transaction entities among themselves and with citizens;

b) a transaction between a citizen in an amount not less than ten times the statutory minimum wage.

Because this rule makes an exception for transactions that can occur orally, regardless of subject and the amount of the transaction (art. 159 CC).

The second way is sold direct by law the need for a simple writing of a transaction, regardless of its subject and the amount of the transaction. For example, directly by law for such transactions as contracts for commercial representation, mortgage, guarantee, deposit, purchase and sale of real estate, bank loan, etc., in all cases as a simple written form.⁵

Conclusion

Invalidity transaction means that the act committed in a transaction, does not possess the quality of legal fact that can give rise to those civil and legal consequences, of which the desired entities.

The latest Russian civil law as the legal definition enshrined in the legal literature, the prevailing division of invalid transactions in the null and voidable.

However, the classification of invalid transactions in the null and voidable logically vulnerable. «The juxtaposition of void transactions rebuttable transactions does not lie as a matter of principle: if the challenge is carried out, it leads to a« negligibility »transaction, while not challenging since, as a general rule, the date of the transaction, ie with retroactive effect », - wrote a prominent Russian civilian IB Novitskiy. In order to avoid logical errors observed in the course work was offered for the classification of invalid transactions are invalid (negligible) and on invalid (voidable). The proposed classification is more correct, because it is based on objective criteria, namely varying degrees of illegal acts committed in the form of invalid transactions. However, this classification allows the use of the term «negligibility» as the term is identical «absolute nullity», and the term «voidability» - as the identity term «relative validity».

Nullity (absolute invalidity) of the transaction means that the act committed in a transaction does not raise and could not produce desired for its participants because of the legal consequences of non-compliance with law. Buying stolen goods, purchase of valuable things from the incompetent can not give rise to ownership of the acquirer; notarially not certified mortgage may not give rise to rights of mortgagee, etc. Void transaction, as a wrongful act gives rise to only those consequences which the law in this case as a reaction to the offense. The requirement for the application of the consequences of the invalidity of the transaction null and void may be any interested person. The court is entitled to apply such effects on their own initiative (p. 1 art. 166 CC).

The general rule of nullity of transactions is formulated as follows. The deal is not meeting the requirements of law or other legal acts, negligible, if the law does not establish that the transaction is rebuttable, or no other consequences of a breach (Art. 168 CC). The existence of the law of the general rule is objectively necessary. Despite the fact that the legislature always seeks the most complete way to describe the specific types (compositions) negligible transaction, objectively, he can not anticipate all types and possible cases of negligible transactions. Therefore, a direct reference to the above general rule, enshrined in Art. 168 CC, should take place only in cases where the recognition as invalid the transaction is not void a special reason. ⁶

Wrongfulness of an absolute majority of acts performed in a negligible transactions, it is obvious, as in the case of a transaction with a citizen recognized incompetent because of mental disorder. Therefore, the functions of the court in such cases are required by law to use the consequences of the invalidity of transactions.

Bibliography

1. Civil law. In 3 volumes. 4-e izd. / Ed. AP Sergeyeva and JK Tolstoy, pereizd. - M.: 2006, Vol.1 ..

2. Civil law. / Ed. AG Калпина, AI Масляева. - M., 2004, Part 1, 2.

3. Civil law in Russia. / Ed. ZI Tsybulenko. - M., 2004, Part 1, 2.

4. Pilyaeva VV Comments to the Civil Code of the Russian Federation (itemized). Part 1 and 2. - M.: PBOYUL Grigoryan, AF, 2006.

5. Tomilin AF Null and voidable transactions. 2 nd ed., M.: mirror, 2002.

6. Heifets FS Invalidity of transactions under Russian civil law. - M., 2007

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