Popular grounds for recognizing a transaction as null and void

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If we are talking about a contract of sale of property, for example, a car, it can be recognized as a sham transaction if the seller retains control over the property so that a third party cannot recover it through the court. The same applies to trust management of property.

Things are not so simple with a gift agreement. The agreement may be recognized as a sham transaction (and therefore null and void) if it turns out that it is only a cover for a purchase and sale agreement.

It is interesting that the term "covering" is sometimes applied to such transactions. That is, it kind of replaces the actual will of the parties to the transaction. At the same time, the Supreme mexico whatsapp phone number Court of the Russian Federation decided that only "covered" transactions are considered completed. Conclusion: they are valid, but they can be challenged both under the general rules of civil legislation and under special norms.

If a transaction, such as a gift, is made by a person who is incapacitated due to a mental disorder, it will be declared null and void only if the court determines that the person is not aware of their actions. Such a decision is made by an authority, including after a forensic psychiatric examination. If a person is declared incapacitated, then transactions on their behalf are carried out by a guardian.

What are these transactions that require the consent of third parties, companies or government agencies? Below are examples of such transactions that may be declared null and void for this very reason :

transfer of the right to an apartment where children live to another person;
when a share of a production cooperative was given to someone other than its member;
if the company has pledged the premises but still manages them;
if the apartment has three owners, and one of them sold his share without initially offering it to the other owners.
And a few more examples of worthless deals :

the guardianship authorities prohibited the disposal of the ward's property, but the guardian sold his car;
the company has developed a public road and charges a toll. However, such roads, according to the law, are property withdrawn from circulation, and there is a ban on their disposal.