ResearchBib Share Your Research, Maximize Your Social Impacts
Sign for Notice Everyday Sign up >> Login

Determination of Fraud Characteristics and Mistakes as Grounds for Nullity of Treaty


Publication Date:

Authors : ;

Page : 99-106

Keywords : mortgage; sham treaty; fraud; mistake; conclusion; fake treaty; will; expression of will; deed of gift; permanent alimony agreement;

Source : Downloadexternal Find it from : Google Scholarexternal


Problem setting. Majority of disputes heard by courts are cases on holding treaties invalid due to fraud or mistake, typically it I connected with alienation of real estate. An analysis of such cases assists protection of fraud person’s interests. That is why a definition of fraud, mistake and their characteristics from theoretic point of view and considering court practice is an actual problem. Analysis of resent researches and publications. Problems of treaties’ invalidity were studied by such scientists as: M. M. Agarkov, М. І. Braginsky, М. А. Blinova, P. Gavrylov, D. M. Genkin, О. V. Dzera, V. І. Zhekova, А. Zagurovsky, О. S. Іоffe, Ye. Kolomiets, N. Kozyar, D. І. Mayer, О. Otradnova, І. S. Peretersky, N. V. Rabinovych, K. L. Razumova, І. V. Spasibo-Fateeva, Ye. О. Kharytonov, N. S. Khatnyuk, V. P. Schakhmatova, etc. Target of research. Purpose of this study is a general research of fraud and mistake legal nature as a ground to hold a treaty invalid, to distinguish main and significant characteristics, forms and methods of their use and provide examples from court practice and develop legal consequences in dispute consideration on holding treaties invalid. Article’s main body. An article determines definition of fraud during conclusion of treaty. Proves difference between sham and false treaty. Considers the matter regarding defect of the will in treaties concluded under fraud and also in treaties under mistake. Analyzes the actual divided opinion of researches on who can apply to court to hold the treaty invalid. The author describes essence of mistake. Underlines that the mistake due to own negligence, ignorance of law or improper interpretation of one of the parties is not a ground to hold the treaty invalid. Conclusions and prospects for the development. Nowadays a treaty can be considered concluded under fraud in case of intentional and purposeful fraud by one party of treaty another party regarding fact that effect conclusion of treaty and is of the essence. And also if the fraud is a result of third parties actions that are not parties of the treaty and is obligatory for holding the treaty invalid. Another essential thing is the fact that a person who has made a mistake due to own negligence and concluded the deed of gift, but thought it would be the permanent alimony agreement, than request to fulfill obligations on permanent alimony could not be considered.

Last modified: 2015-11-05 04:30:55