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Publications of Khvostitskii Maksim Valer'evich
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Khvostitskii M.V. - General and special consequences of invalidity a void contract: implementation issues and prospects of legal regulation
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pp. 104-111
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DOI: 10.7256/2454-0706.2017.1.20890
Abstract: This article is dedicated to a number of questions associated with application of the consequences of invalidity a void contract. The author carefully examines the aspects of application of the general and special consequences of invalidity a void contract. Special attention is given to complications of application of the bilateral restitution. The article also touches upon such consequences as responsibility to compensate for the damage and recovery of a void contract, reviews the German experience of convalidation, suggests the ways of resolving the issues of Russian legislation in this field, as well as explores the questions associated with inadmissibility of restitution and collection of the agreement proceeds. The author’s special contribution lies in the conclusion that often the application of consequences of invalidity of a void contract can be impossible, because practice knows cases when the application of such consequences does not restore the violated right. The author also proposes an alternative for resolution of the problem that pertains to contradictions between the institution of convalidation of the void contracts with the essence of a void contract.
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Khvostitskii M.V. - General and special consequences of invalidity a void contract: implementation issues and prospects of legal regulation
|
|
pp. 104-111
|
DOI: 10.7256/2454-0706.2017.1.20890
Abstract: This article is dedicated to a number of questions associated with application of the consequences of invalidity a void contract. The author carefully examines the aspects of application of the general and special consequences of invalidity a void contract. Special attention is given to complications of application of the bilateral restitution. The article also touches upon such consequences as responsibility to compensate for the damage and recovery of a void contract, reviews the German experience of convalidation, suggests the ways of resolving the issues of Russian legislation in this field, as well as explores the questions associated with inadmissibility of restitution and collection of the agreement proceeds. The author’s special contribution lies in the conclusion that often the application of consequences of invalidity of a void contract can be impossible, because practice knows cases when the application of such consequences does not restore the violated right. The author also proposes an alternative for resolution of the problem that pertains to contradictions between the institution of convalidation of the void contracts with the essence of a void contract.
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