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Statement of claim for the recognition of the contract of sale as invalid (sample). Claim for the recognition of the contract as invalid Claim for the application of the consequences of the invalidity of the transaction sample

The Supreme Court of the Russian Federation published Review of Judicial Practice No. 2 for 2017, approved by the Presidium on April 26, 2017 (published)
Paragraph 28 of the said Review with reference to the Determination of the Supreme Court of February 20, 2017 No. 306-ES16-16518 contains the following thesis:
"The prosecutor does not need to take mandatory measures for pre-trial settlement, provided for in Part 5, Article 4 of the Arbitration Procedure Code of the Russian Federation, before applying to the arbitration court with claims in defense of public interests, rights and legitimate interests of other persons."

In doing so, the court stated:

"Prosecutor in the interests of an indefinite circle of persons and municipality appealed to the arbitration court with a claim against the company and the enterprise on the recognition of the agreement concluded between them as invalid.<...>
By virtue of Part 5 of Article 4 of the Arbitration Procedure Code of the Russian Federation, disputes in certain categories of cases may be referred to the arbitration court for resolution after the parties have taken measures for pre-trial settlement.
The pre-trial procedure for the settlement of economic disputes is the mutual actions of the parties to a material legal relationship aimed at independently resolving the disagreements that have arisen. A person who believes that his rights have been violated by the actions of the other party applies to the violator with a demand to eliminate the violation. If the recipient of the claim finds its arguments justified, then he takes the necessary measures to eliminate the violations committed, thereby eliminating the need for judicial intervention. This procedure leads to a faster and mutually beneficial resolution of disagreements and disputes.
Consequently, the prosecutor is obliged to take measures to pre-trial settlement of the dispute if the prosecutor's office participates in the case as a party to the substantive dispute.
Such an obligation is absent when the prosecutor applies to the arbitration court in defense of other people's interests with the requirements provided for by part 1 of article 52 of the APC of the Russian Federation, or when intervening in a case in order to ensure legality on the basis of part 5 of article 52 of the APC of the Russian Federation.
Giving the prosecutor procedural rights and imposing on him the procedural obligations of the plaintiff (Part 3 of Article 52 of the Arbitration Procedure Code of the Russian Federation) does not make the prosecutor's office a party to a substantive legal relationship and does not impose restrictions on the prosecutor related to the need to take measures for pre-trial settlement of the dispute.

In essence, the decision is correct and beyond doubt. However, the court motivates its decision solely by the status of the procedural plaintiff, which in this case is the prosecutor. The said ruling of the Supreme Court does not contain any indications of the specifics of the category of disputes about the invalidity of transactions when deciding on the need to comply with the mandatory claim procedure. In contrast, in the rulings of March 20, 2017 in cases No. A60-33490 / 2016, A60-30619 / 2016, also adopted on the issue of a mandatory claim procedure, the Supreme Court indicated that filing a claim is not required precisely because of the peculiarities of the category of cases on issuance of writ of execution for enforcement of the decision of the arbitration court.

The rationale for the absence of the need to comply with the claim procedure in the case considered in the Definition of the Supreme Court is solely due to the peculiarities of the status of the prosecutor who is not a party to the substantive legal relationship, as well as the absence of this category of disputes in the list of exceptions in Part 5 of Art. 4 of the Arbitration Procedure Code of the Russian Federation together suggest that both the legislator and the Supreme Court adhere to the position of the obligation to file a claim in this category of disputes and, it turns out, the fundamental possibility of pre-trial settlement of such disputes.

The opinion of the lower courts was generally unanimous.
Thus, according to the Arbitration Courts of the Volga-Vyatka, Volga, North Caucasus, Moscow, Central Districts, compliance with the claim procedure in cases of invalidating a transaction is required:
1) Resolution of the Arbitration Court of the Volga-Vyatka District dated September 29, 2016 in case No. A29-2322/2016;
2) Ruling of the Arbitration Court of the Volga District dated October 13, 2016 in case No. А12-31862/2016;
3) Resolution of the Arbitration Court of the Volga District dated September 8, 2016 in case No. А49-7569/2016;
4) Resolution of the Arbitration Court of the North Caucasus District dated November 30, 2016 in case No. A32-25628/2016;
5) Resolution of the Arbitration Court of the Moscow District dated April 10, 2017 in case No. А40-246548/2016;
6) Resolution of the Central District Arbitration Court dated 04/06/2017 in case No. А83-4627/2016.

The latter, for example, states the following:
"However, having established that the present dispute between the parties arose out of civil rights relations and does not apply to those directly provided for in Part 5 of Art. 4 of the Arbitration Procedure Code of the Russian Federation for categories of disputes for which the pre-trial settlement procedure is not mandatory, the arbitration court rightfully indicated the need to submit to this case relevant evidence confirming compliance with the mandatory pre-trial (claim) procedure for resolving the dispute.
The complainant's argument that in the present case pre-trial settlement of the dispute is impossible due to its nature is untenable, since it is based on an incorrect interpretation of paragraph 5 of Art. 4 APC RF. At the same time, it does not follow from the nature of the dispute that it is impossible for the parties to take measures for its preliminary settlement before the case is referred to the arbitration court ".

In my opinion, the requirement to comply with a mandatory pre-trial procedure in such cases is inappropriate and contrary to the legal nature of this category of disputes, as well as the institution of pre-trial settlement. In accordance with paragraph 1 of Art. 166 of the Civil Code of the Russian Federation, the transaction is invalid on the grounds established by law, by virtue of its recognition as such by the court (disputable transaction) or regardless of such recognition (void transaction). Due to the fact that the parties cannot recognize the transaction as invalid by their own will, the dispute that has arisen on this occasion cannot be settled by them independently. Accordingly, it is obvious that it is impossible to achieve the goal served by the institution of mandatory pre-trial settlement of disputes. Thus, it cannot be assessed positively as prevailing in favor of a mandatory claim procedure in cases of invalidating a transaction judicial practice, and the lack of a full-fledged explanation of the Supreme Court of the Russian Federation on this issue.

Legal opinion.
In this situation, we can recognize the contract initially invalid. According to Article 167 of the Civil Code of the Russian Federation, the recognition of an agreement as invalid means that this agreement does not entail legal consequences, with the exception of those related to its invalidity, and is invalid from the moment of its signing. If the contract is invalid, each of the parties must return to the other party everything received under the contract, and if it is impossible to return what was received in kind, reimburse its value in monetary terms.

The grounds for recognizing a transaction (contract) as invalid may be different, namely: if the contract is contrary to the law or the basics of law and order and morality. It can also be a sham or pretense of a transaction, when another contract is covered by it, for example, a donation contract is often recognized as invalid if it was of a reimbursable nature, i.e. contained all signs of sale and purchase. Accordingly, it will be necessary to request documents from the Department of Internal Affairs. These documents contain an expert opinion, which shows that you did not put your signature.
By virtue of Art. 166 of the Civil Code of the Russian Federation, a transaction is invalid on the grounds established by this Code, by virtue of its recognition as such by a court (disputable transaction) or regardless of such recognition (void transaction).
The demand to recognize a voidable transaction as invalid may be presented by the persons specified in this Code.
A demand to apply the consequences of the invalidity of a void transaction may be submitted by any interested person. The court has the right to apply such consequences on its own initiative.
In accordance with paragraph 32 of the Decree of the Plenum of the Armed Forces of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 1, 1996 N 6/8 “On Certain Issues Related to the Application of Part One of the Civil Code Russian Federation”, it is allowed to consider in court claims for invalidation of a void transaction on the grounds that the Civil Code of the Russian Federation does not exclude the possibility of bringing such claims.
In accordance with Article 168 of the Civil Code of the Russian Federation, a transaction that does not comply with the requirements of the law or other legal acts is void, unless the law establishes that such a transaction is voidable, or does not provide for other consequences of the violation.
By virtue of Article 169 of the Civil Code of the Russian Federation, a transaction made with a purpose that is obviously contrary to the foundations of law and order or morality is void.
If both parties to such a transaction have intent - in the event that the transaction is executed by both parties - everything received by them under the transaction is recovered to the income of the Russian Federation, and in the event that the transaction is executed by one party on the other side, everything received by it and everything due from it is recovered to the income of the Russian Federation the first party in compensation received.
If only one of the parties to such a transaction has intent, everything received by it under the transaction must be returned to the other party, and what the latter received or was due to it in compensation for what was performed shall be recovered to the income of the Russian Federation.
The Bank may require the execution of the loan agreement from the person who signed it. By virtue of Art. 434 of the Civil Code of the Russian Federation, an agreement may be concluded in any form provided for transactions, unless a specific form is established by law for agreements of this type.
If the parties have agreed to conclude a contract in a certain form, it is considered concluded after giving it the agreed form, even if such a form is not required by law for contracts of this type.
2. An agreement in writing may be concluded by drawing up one document signed by the parties, as well as by exchanging documents by postal, telegraph, teletype, telephone, electronic or other communication, which makes it possible to reliably establish that the document comes from a party under the agreement.
3. The written form of the contract is considered to be observed if the written proposal to conclude the contract is accepted in the manner prescribed by paragraph 3 of Article 438 of this Code.
In this situation, the contract was signed, but not by us. You can take copies of the case materials to the police department before the court session, namely the expert opinion. In this situation, this will significantly reduce the time of the trial.
If it is not possible to withdraw a copy of the examination, then you have the right to apply for an examination directly in court.
In accordance with Article 79 of the Code of Civil Procedure of the Russian Federation, if issues arise during the consideration of a case that require special knowledge in various fields of science, technology, art, craft, the court appoints an examination. The examination may be entrusted to a forensic institution, a specific expert or several experts.
Each of the parties and other persons participating in the case shall have the right to submit to the court issues to be resolved during the examination. The final range of issues on which an expert opinion is required is determined by the court. The court is obliged to motivate the rejection of the proposed questions.
The parties, other persons participating in the case, have the right to ask the court to appoint an examination in a specific forensic institution or to entrust it to a specific expert; challenge an expert; formulate questions for the expert; get acquainted with the court ruling on the appointment of an examination and with the questions formulated in it; get acquainted with the expert's opinion; to petition the court for the appointment of a repeated, additional, complex or commission examination.
If a party evades participation in the examination, fails to present to the experts necessary materials and documents for examination and in other cases, if due to the circumstances of the case and without the participation of this party, it is impossible to conduct an examination, the court, depending on which party evades examination, and also what significance it has for it, has the right to recognize the fact, for the clarification of which examination was appointed, established or refuted.
Be sure to take all original documents with you to court, and copies just in case. The court may request any necessary document from you.
You can talk in court only with the permission of the court, if you want to ask someone a question or give additional explanations, you must ask the judge for permission. The order of the trial has also been established: first, the plaintiff is given the floor, then the defendant, third parties may be next, and then the witnesses. Witnesses are not allowed in the courtroom until they are interrogated.
It is supposed to say anything in a court session only while standing, exceptions are made only for people who cannot stand due to illness, or because of their age it is difficult for them to do this. It is strictly forbidden to address a judge by his first name. By law, the court is addressed as "Your Honour" or "The Honorable Court". It is necessary to give explanations to the court, and not to the opponent, it is necessary to ask questions to the person himself, it is impossible to ask questions to the court. But it is necessary to answer the questions by referring to the judge.
The parties to the trial before the start of the court session have the right to file challenges and petitions. A challenge may be filed against a judge, a secretary of a court session, a prosecutor, or an opponent's lawyer. But remember that in order to apply for a challenge, you must have good reasons, supported by evidence.
Petitions declare the attachment of additional documents to the case file, the acceptance of clarified claims or a counterclaim, the summoning and interrogation of witnesses, the appointment of an examination, the adjournment of the case for more late deadline and other petitions. The petitions are discussed by the judge with all participants in the process, except for witnesses.
If the judge forgot to ask you about the presence of motions or ask for your opinion (judges are people too, they can forget), you can contact the judge and ask permission to do this.
By the way, witnesses are not entitled to make petitions or ask questions, but can only answer questions from the participants in the court session.
If you provide the court with any documents, then you must have copies for submission to the case materials and originals for comparison. If the documents are issued for submission to the court and there is a direct indication of this in the document, then the original document is submitted to the court.
When participating in a court session, remember that the judge is an objective and impartial person, his task is not to take sides, but to make an objective and reasonable decision based on the available evidence. Therefore, it is foolish to repeat the same thing ten times, if your words are not confirmed by anything, or do not correspond to reality at all, it is foolish to wring your hands or cry out in your hearts for pity, moral values. The court considers the case not from the point of view of morality, but from the point of view of the law. It will not take action and reproaches against the opponent, for example: “Shame on you!” or “Well, why did you do that!”.
No need to interrupt your opponent, shout, or explain his answers to your questions. It is also not worth talking about the fact that your testimony or the testimony of other participants in the process is recorded in the minutes of the court session, because the secretary leads him to write down everything that was said. If you doubt that the secretary managed to write down everything, or something is especially important for you, then you can focus on this, or repeat the words of your opponent.
And yet, you can prepare your speech or questions to your opponent in writing and give them to the secretary, then they will be verbatim included in the protocol.
If you do not agree with the decision, then you should not shout or be indignant, you have the right to file a complaint against the court decision with a higher court. The complaint is filed with the court within 30 days from the date of pronouncement of the decision. It happens that the judge does not have time to make a decision even in 30 days, so in order not to miss the deadline for appealing (It will be very difficult to prove that it was missed due to the lack of a decision), so if there is no decision, and the appeal period expires, then you must submit within 30 days a written application with a request for a decision, and a brief appeal, in which it is enough to write: “With the decision of the court dated (date) in the case __________ to _____________ about (which) I consider illegal and unreasonable. Full text Complaints will be submitted from the moment of receipt of the court's decision. Upon receipt of the decision, you must write a receipt and put the date of its receipt. From now on, the countdown will begin, if you do everything right.
If you doubt the correctness and accuracy of the minutes of the court session, you must submit comments on the minutes within five days from the date of the court session. If the protocol has not been prepared within five days, then within this period you must also submit a written application with a request for the issuance of the protocol, then the deadline will not be violated by you and the comments will be considered.

Director of the Limited Liability Company "______________" ____________________________
Legal address: ______________________
Actual address: ______________________
Tel: ______________

Applicant: _____________________
The address: __________________________

CLAIM

I, _________________________ ____________ b. registered and living with my spouse - _____________________ __________ b. in the apartment at the address: _________________________.
__________ in the afternoon, when only my wife was in the apartment, citizens unknown to us rang at the door. Posing as employees of some organization, they said that they had to check the quality of the water in our apartment. After checking, they told my wife that the water we drink is completely unfit for drinking and needs to be filtered. The indicated persons offered to purchase a water filter, costing ______ rubles. __ kop. My wife said that she did not have such money and refused to buy a filter. After much persuasion and trickery, the sellers of the filter said that they could, as an exception, give my wife a discount, after which the cost of the filter would be _____ rubles. __ kop.
Thus, the sellers deliberately misled my wife about the quality of the water, only to sell her an expensive, unnecessary filter. The sellers talked about the low quality of water and the danger of its consumption for a long time and convincingly, in connection with which, my wife trusted them.
So, _________, between _________ LLC (hereinafter referred to as the Contractor) and me, ______________________ (hereinafter referred to as the Customer), a Service Agreement and an extension of warranty obligations were concluded.
I draw your attention to the fact that I, ___________, act as the Customer under the contract, despite the fact that at the time of the conclusion of the contract I was absent from the apartment and did not sign it.
In accordance with Art. 1.1. of the Agreement, the Contractor, during the term of this Agreement, performs "service maintenance" of the household water purifier system "______________".
In accordance with clause 1.2. The contract, service maintenance is understood, among other things, installation and commissioning of the system.
In accordance with the Sales receipt dated _________, my wife actually paid the Contractor ______ rubles. __ kop.

Thus, the Contractor, misleading my wife, forced her to conclude an agreement on the purchase and maintenance of expensive filters.

In accordance with Art. 420 of the Civil Code of the Russian Federation, an agreement is recognized as an agreement between two or more persons on the establishment, change or termination of civil rights and obligations.
In accordance with Art. 432 of the Civil Code of the Russian Federation, an agreement is considered concluded if an agreement is reached between the parties, in the form required in the relevant cases, on all essential terms of the agreement.
In accordance with Art. 433 of the Civil Code of the Russian Federation, the contract is recognized as concluded at the moment the person who sent the offer receives its acceptance.
In accordance with Art. 434 of the Civil Code of the Russian Federation, an agreement in writing can be concluded by drawing up one document signed by the parties, as well as by exchanging documents by postal, telegraph, teletype, telephone, electronic or other communication, which makes it possible to reliably establish that the document comes from the party under the agreement.

Thus, the Civil Code of the Russian Federation, as a mandatory requirement for a contract in writing, establishes the requirement that it contain the signature of a party to the contract.
The contract concluded between me and _________ LLC does not contain my signature, which makes the said contract invalid.

Moreover, in accordance with Art. 10 of the Law of the Russian Federation "On Protection of Consumer Rights", the manufacturer (executor, seller) is obliged to provide the consumer with the necessary and reliable information about goods (works, services) in a timely manner, ensuring the possibility of their right choice. For certain types of goods (works, services), the list and methods of bringing information to the consumer are established by the Government of the Russian Federation.

I believe that my wife was misled by unreliable information about the quality of water and the properties of the product (filter), and therefore bought it without really needing it.

In accordance with Art. 13 of the Law of the Russian Federation "On Protection of Consumer Rights" for violation of consumer rights, the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer) is liable under the law or the contract.
In accordance with Art. 16 of the Law of the Russian Federation "On Protection of Consumer Rights" The terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection are recognized as invalid.
If, as a result of the execution of a contract that infringes on the rights of the consumer, he has incurred losses, they are subject to compensation by the manufacturer (executor, seller) in full.

If the transaction is invalid, each of the parties is obliged to return to the other everything received under the transaction, and if it is impossible to return what was received in kind (including when the received is expressed in the use of property, work performed or services provided), to reimburse its value in money - if other consequences the invalidity of the transaction is not provided for by law.

My wife and I are senior citizens and have not been working for a long time. Our only source of income is pensions. By his illegal actions, the Contractor caused great harm to our budget.

So far, we have not used the installed filter.

Moreover, I believe that by their unlawful actions, the employees of _______ LLC caused moral harm to me and my wife, the amount of which I estimate at ______ rubles. __ kop.
In accordance with Art. 15 of the Law of the Russian Federation "On Protection of Consumer Rights" moral damage caused to the consumer as a result of a violation by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) of consumer rights provided for by the laws and legal acts of the Russian Federation governing relations in the field of consumer protection, subject to compensation by the tortfeasor in the presence of his fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage.

In accordance with Art. 22 of the Law of the Russian Federation “On Protection of Consumer Rights”, the consumer’s requirements for a commensurate reduction in the purchase price of the goods, reimbursement of expenses for correcting defects in the goods by the consumer or a third party, the return of the amount of money paid for the goods, as well as the requirement for compensation for losses caused to the consumer as a result of the sale of goods of inadequate quality or the provision of improper information about the product, are subject to satisfaction by the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) within ten days from the date of presentation of the relevant request.

I, _________, believe that the Agreement of ___________ should be declared invalid due to the absence of my will, as a party to the agreement, and the absence of my signature in it. Cash in the amount of _____ rubles. __ kop. should be returned to my wife as illegally obtained. Also, compensation for non-pecuniary damage in the amount of _____ rubles must be paid in our favor. __ kop.
Please also note that we were not able to resolve the situation on our own, and therefore, we had to seek legal assistance, the cost of which amounted to ______ rubles. __ kop.
The services were rendered to us qualitatively and in full, and the costs for their payment were actually incurred and documented, and therefore, I believe that these additional costs (losses) are subject to compensation in full.

In case of refusal to satisfy my claims, I will be forced to apply to the court with a statement of claim, in which, in addition to the above requirements, I will claim a fine in my favor in accordance with paragraph 6 of Art. 13 of the Law of the Russian Federation "On Protection of Consumer Rights".

Based on the aforesaid and guided by Article. 22 of the Law of the Russian Federation "On Protection of Consumer Rights"

1. Accept and consider this claim;
2. The contract for service maintenance and extension of warranty obligations dated __________ shall be considered invalid;
3. Return to my wife - ____________ the funds received from her in the amount of _____ rubles. __ kop.;
4. Compensate me and my wife for moral damage in the amount of _____ rubles. __ kop.;
5. Compensate for the costs of paying for legal services in the amount of _____ rubles. __ kop.;
6. Give the answer to this claim to my wife on the day of the appeal or send it in writing to the above address.

Appendix:
1. Copy of the contract dated _________;
2. Copy of the act dated _________;
3. A copy of the sales receipt dated __________;
4. Copy of the applicant's passport;
5. A copy of the veteran's certificate;
6. Copy of certificate of disability;
7. Copy of the applicant's spouse's passport;
8. A copy of the contract for the provision of legal services for compensation;
9. A copy of the receipt for payment of legal services;

« »______________ 2015 ______________________________________

It is possible to recognize a contract for the sale of an apartment if there are certain circumstances under which it was made (signed).
The law refers to such circumstances when:

A transaction made under the influence of delusion;
The transaction was made in a state when the person was not able to understand the meaning of his actions or manage them;
A transaction made under the influence of deceit, violence, threat, malicious agreement of a representative of one party with the other party
A transaction made with a purpose contrary to the foundations of law and order and morality;
Imaginary deal;
Fake deal;
A transaction made by a minor;
A transaction made by a person recognized as legally incompetent;
A transaction made in violation of the requirements of the law on its form;
A transaction made by a minor between the ages of 14 and 18 without the consent of his parents

Perhaps the most common ground for a court to recognize a transaction of sale as invalid is the transaction was made in a state where the person was not able to understand the meaning of his actions or manage them.
For example, when a citizen who abuses alcohol, being the owner of an apartment, can, without understanding the meaning of his own, dispose of his property without realizing at the time of signing the contract for the sale of an apartment and registering it, the legal consequences of such a transaction. Often, these situations are people who have problems with alcohol abuse or drug use.
The law provides protection for the rights of a person who made a transaction in a state where he was unable to understand the meaning of his actions. It should also be noted that the very fact that a citizen understood or did not understand the significance of his actions is determined by experts within the framework of a forensic psychiatric examination.

Between me and the defendant in __________, an agreement was concluded for the sale of an apartment located at: ____ (indicate the address).
I was the owner of this apartment at the time of the conclusion of the contract, on the basis of (specify the basis).
According to the terms of the contract, I sold the above apartment to the defendant for _______ rubles. I had no intention of selling my apartment. During the execution of the contract of sale, I abused alcohol and did not understand the meaning and meaning of the contract I signed, I also do not remember the circumstances of what happened.
As a result of the state registration of this agreement in the Office of Rosreestr for the city of _________, the ownership right was registered in the name of the defendant. I did not receive the funds specified in the sale and purchase agreement, tk. The defendant never gave them to me.

Claim for invalidation of a loan agreement, an apartment pledge agreement

On February 2, 2015, I concluded with the Respondent loan agreement (enclosed), according to which he received funds in the amount of 1,500,000 rubles for a period of 12 months at 30% per annum. However, in fact, I received RUB 1,492,537.31 ., which is confirmed by an expense cash warrant dated February 3, 2015 (attached).

In accordance with Part 3, Article 10 of the Law of the Russian Federation “On Mortgage”, when a mortgage agreement is included in a loan or other agreement containing an obligation secured by a mortgage, the requirements established for a mortgage agreement must be met with respect to the form and state registration of this agreement.

A sample statement of claim for the invalidation of part of the terms of the loan agreement, the recovery of an insurance premium, interest for the use of other people's money, penalties, compensation for moral damage

Interest for the use of other people's funds should be charged on the amount of funds illegally received and withheld by the bank from the date they were deposited by the plaintiff.
In accordance with Art. 395 of the Civil Code of the Russian Federation interest for the use of other people's money interest for the use of other people's money for the period from 08/06/2018 to 12/17/2018 is 1229.65 rubles (42240 * 131 days * 8 / 360 * 100 = 1229.65 rubles).

In accordance with part 2 of Art. 1107 of the Civil Code of the Russian Federation for the amount of unjust monetary enrichment, interest is charged for the use of other people's funds (Article 395 of the Civil Code of the Russian Federation) from the time when the acquirer knew or should have known about the unreasonable receipt or saving of funds.

Recognition of the contract as invalid

They are also invalidated. An imaginary transaction is one that is not aimed at forming the corresponding legal consequences. It is recognized as such, regardless of the method of concluding and actually fulfilling obligations under the contract. A transaction is considered feigned if it is also not aimed at creating consequences arising from it. But at the same time, it covers the other will of the participants. As a result, the contract concluded between the parties in this case is recognized as invalid. In such situations, the rules on transactions that the parties actually envisaged apply. For example, instead of buying and selling, there was a gratuitous transfer of property. At the same time, it was framed as a reimbursable transaction. This situation presupposes the recognition of the contract of sale as invalid. If feigned and imaginary transactions cover up agreements concluded for a purpose contrary to the foundations of morality and law and order, then consequences that are confiscatory in nature are subject to application. They are provided for in Art. 169 GK.

A claim for the application of the consequences of the nullity of the contract can be presented within 3 years from the moment when its execution began. The established period applies to applications, the limitation period of which, according to the previous Civil Code, did not expire before 07/16/2005 (before the entry into force of Federal Law No. 109). A claim for recognizing the contract as voidable and applying the consequences of its invalidity may be filed within a year from the moment of termination of the circumstances under the influence of which it was concluded, or from the day on which the plaintiff became or should have become aware of the facts serving as the basis for establishing nullity. .

Claim for invalidation of a service contract

I, ____________ am a member of the Great Patriotic War and a disabled person of the 1st group due to a general disease (a copy of the veteran's certificate and a certificate of disability are attached).
My wife and I are senior citizens and have not been working for a long time. Our only source of income is pensions. By his illegal actions, the Contractor caused great harm to our budget.

In accordance with Art. 167 of the Civil Code of the Russian Federation, an invalid transaction does not entail legal consequences, with the exception of those related to its invalidity, and is invalid from the moment it is made.
If the transaction is invalid, each of the parties is obliged to return to the other everything received under the transaction, and if it is impossible to return what was received in kind (including when the received is expressed in the use of property, work performed or services provided), to reimburse its value in money - if other consequences the invalidity of the transaction is not provided for by law.

Claim for annulment of a contract

In accordance with Art. 347 of the Code of Civil Procedure of the Russian Federation, the court of cassation checks the legality and validity of the decision of the court of first instance based on the arguments set forth in the cassation appeal, presentation and objection to the complaint, presentation. The court of cassation, in the interests of legality, has the right to verify the decision of the court of first instance in full.

When concluding the contract, I was forced to conclude it against my own will, on extremely unfavorable conditions for me, under the influence of a combination of circumstances that were difficult for me _________ (indicate what the grave circumstances were, why they led to the conclusion of the transaction).

Grounds and procedure for recognizing a marriage contract as invalid

one year– to invalidate the voidable contract and its consequences. The limitation period starts counting from the moment when it became known (or should have become known) about the grounds for contesting the marriage contract. Or from the moment when the circumstances under the influence of which the contract was concluded (for example, violence) ceased.
three years- to invalidate a void contract and its consequences. The limitation period begins from the moment when the terms of the void contract began to be fulfilled. And if a third party who is not a party to the agreement applies to the court - from the moment when it became known about the fulfillment of its conditions. By the way, for such a person, the statute of limitations is ten years!

Name, address of the court to which the claim is filed;
information about the plaintiff (full name, date of birth, address of registration and residence, contact phone number);
information about the defendant (full name, date of birth, address of registration and residence);
the price of the claim, if the claims are of a material nature (or justification of the intangible nature of the claims);
description of the circumstances of the case (when the marriage was registered, when the marriage contract was concluded, how the marriage contract violates or restricts the rights of the plaintiff, contradicts the law);
evidence of the above circumstances;
a reference to the norms of legislation confirming the position of the plaintiff;
requirement to the court - to recognize the invalidity of the marriage contract (partially or completely);
application list.

Recognition of the cession agreement as invalid - conditions

The need for such an agreement arises in cases where the lender cannot recover the necessary amount from the borrower on his own. As for private individuals, with the help of a cession, they can share obligations among themselves. For example, a husband and wife during a divorce or a company during reorganization.

You don't have to deal with collectors.
the bank will go to court in your case and officially fix the amount of debt that you need to pay;
writ of execution will be returned to the bailiff service;
Debt collection will take place within the law.

Complaint to invalidate the deal

Recognize the contract of donation of a Honda CR-V vehicle, 2007, state. P111ST number is invalid (insignificant);
Apply the consequences of the invalidity of the transaction by returning the above property to Angelina Rodionovna Stuzheva;
Prohibit Stuzhevoy Angelina Rodionovna from disposing of the said property until the entry into force of the court decision on this claim.

Copy of the claim
Receipt for payment of state duty
A copy of the vehicle donation agreement
A copy of the decision to initiate enforcement proceedings
A copy of the resolution on the completion of enforcement proceedings and on the return of the writ of execution

Recognition of transactions as invalid: procedure and forms

Restoration of the previous property condition.
Payment of compensation if the acquired cannot be returned to the plaintiff.
The transfer of the property inherited by the defendant to the state fund, if it is established that the transaction was carried out with criminal intent, bypassing the current legislation.

Its conditions and obligations do not comply with the norms of law and order and morality.
It was concluded with a person who did not have the right to such actions due to infancy or incapacity.
In the process of creating conditions for the emergence of a desire to conclude a deal, forged papers were used.
She was a cover for some process.

09 Aug 2018 200

A sample statement of claim for the recognition of an invalid transaction that is contrary to the rule of law, taking into account the latest changes in the legislation of the Russian Federation.

In civil circulation, there are transactions that, to one degree or another, may contradict the foundations of morality and law and order. The specifics of the legislation on such transactions is that the exact interpretation of this term is not provided. Therefore, it is impossible to immediately determine whether the transaction is such or invalid for other reasons.

Therefore, situations when, after the transaction (usually at the time of its execution), one of the parties finds out about such a circumstance, is not uncommon. From the point of view of the law, such transactions are void from the moment they are made. However, the fact of recognizing the transaction as void in itself does not give the party anything, since such a transaction will still be subject to the consequences provided for by Article 167 of the Civil Code of the Russian Federation, which relate to invalid transactions, unless the court resolves this issue otherwise.

Therefore, it is much more reasonable to recognize such a transaction as invalid, which allows you to demand the return of the transferred property and at the same time avoid negative consequences, such as the recovery of property transferred or received by the defendant to the state's income. And the court has the right to make such a decision in accordance with the same article 169 of the Civil Code of the Russian Federation.

That is why experts, before writing like this statement of claim, recommend that you carefully consult with a lawyer who has litigation practice in such cases, in order to avoid unpleasant measures that can be applied to the plaintiff, for example, confiscation of the subject of the transaction.

As for the technical part of the claim, the state duty in such cases is calculated from the value of the claimed property in accordance with the rules of Article 333.19 of the Tax Code of the Russian Federation. Jurisdiction is determined by the place of residence of the defendant (location of the legal entity). As for a particular court, the district court has jurisdiction over claims exceeding 50 thousand rubles. In other cases, the claim is addressed to the justice of the peace.

AT______________________________________
(Court name, address)

Claimant __________________________________
(name, phone, address)

Respondent _______________________________
(name, phone, address)

The cost of the claim __________________________
(Full claim amount)

Statement of claim

on invalidation of a transaction contrary to the rule of law

"___" "________" 20__ between ___________________ (full name of the plaintiff) and _____________________ (full name, address of the defendant) a transaction was made on __________________ (indicate the subject of the transaction), which is confirmed by the following documents ________________ (indicate details of the contract, other document).

As a result of the transaction, I, _________________ (full name of the plaintiff), acquired _____________________ (indicate the property, rights that the plaintiff received under the transaction), and also transferred _______________________ (full name address) the following _____________________ (indicate that was transferred under the transaction to the other party).

After the transaction, I became aware that the concluded transaction is void, as it contradicts the foundations of morality and law and order on the following grounds ________________________ (indicate the reasons why the transaction is contrary to the fundamentals of morality and law and order).

According to the documents I have, the defendant, when making such a transaction, acted intentionally, which is confirmed by _________________________ (indicate documents or other circumstances that confirm the presence of the defendant's intent and his bad faith actions)

According to paragraph 3 of Article 166 of the Civil Code of the Russian Federation, a void transaction, at the request of one of the parties, may be declared invalid if it has a legally protected interest, and the consequences established by Article 167 of the Civil Code of the Russian Federation apply to it. Due to the fact that we are talking about my property, the right of ownership to which is protected by law, I consider it possible to recognize the transaction concluded between me and the defendant as invalid.

Given the above, in accordance with the requirements of Articles 166, 167, 169 of the Civil Code, 131, 132 of the Civil Procedure Code of the Russian Federation:

ASK:

1. To invalidate the transaction concluded on "___" "_______" 20 __ years between _______________________ (full name of the plaintiff) and __________________ (full name, address of the defendant) according to which _____________________ (indicate the property transferred and acquired by the plaintiff ).

2. To oblige to return _______________ (full name, address of the defendant) transferred under the transaction _________________ (indicate the property, funds in full).

Applications:

1. Copy of the statement of claim;

2. Receipt of payment of state duty;

3. A document confirming the fact of the transaction;

4. Documents confirming the contradiction of the transaction with the foundations of morality and law and order, as well as the bad faith of the defendant.

5. Other documents confirming the plaintiff's arguments.

"___" "________" 20__ ________________ (signature)

(317 downloads)

In [insert as appropriate] district (city) court
[regions, territories, republics]
Plaintiff: [F. AND ABOUT.]
Address: [fill in]

defendant: [F. AND ABOUT.]

Address: [fill in]

Third parties: Office of the Federal
registration service on [fill in as needed]

Address: [fill in]

[other persons]

Statement of claim
on the invalidation of a contract for the sale of real estate with the application of the consequences of the invalidity of the transaction

[Day, month, year] between [F. I. O. plaintiff] and [F. Acting defendant] concluded a contract of sale [indicate the name of the property], with a total area of [value] sq. m, located at the address [insert the required], cadastral N [value].

The above immovable property was transferred under the act of acceptance and transfer dated [day, month, year]. The Respondent's ownership of the said real estate is registered on [day, month, year], as evidenced by the Certificate of State Registration of the Right Series [insert] N [value] issued by [insert the correct one] by the department for registration of rights to real estate and transactions with it.

[Describe the circumstances under which the contract can be declared invalid: a transaction that does not comply with the law or other legal acts / a transaction made for a purpose contrary to the principles of law and order and morality / an imaginary or feigned transaction / a transaction made by a citizen recognized as legally incompetent / a transaction made by a minor / transaction of a legal entity that goes beyond its legal capacity].

[State additional facts at the discretion of the plaintiff].

These circumstances give grounds for recognizing the above agreement as invalid.

When a transaction is declared invalid, each of the parties is obliged to return to the other everything received under the transaction.

Based on the above in accordance with Article.Article. 8, 12, 166-168, 448 of the Civil Code of the Russian Federation, please:

1. Recognize the contract of sale of [insert the name of the property], located at the address: [insert the required one].

2. Recognize the consequences of the invalidity of the transaction in the form of [insert appropriate] restitution.

3. To invalidate the registered ownership of [insert name of property] located at [insert as appropriate].

4. Restore ownership of [insert the name of the property] located at [insert the correct one] behind [F. I. O. of the plaintiff].

Appendix:

1. Receipt of payment of the state fee.

2. Copies of the application according to the number of persons participating in the case.

3. [Documents confirming the circumstances set forth in this statement of claim].

[day, month, year] [signature] [F. AND ABOUT.]

The new version of the APC established the mandatory pre-trial procedure for settling a dispute. However, the law does not stipulate cases for disputes in which the satisfaction of the claim is impossible due to the specifics of the dispute. For example, on claims for recognition of the invalidity of the transaction. We study jurisprudence. The new wording of Article 5 of the APC established a mandatory pre-trial procedure for settling a dispute, including formally for claims to invalidate a transaction. However, according to the law, in disputes on the recognition of a transaction as invalid, only the court can recognize it as such, satisfying the requirements of either one of the parties to the transaction or a third party whose rights and interests have been violated. Thus, these persons are deprived of the opportunity to independently and voluntarily recognize the transaction as invalid, i.e. satisfaction of a pre-trial claim is impossible and makes filing a claim meaningless.

Arbitration courts considering the issue of returning a statement of claim in connection with non-compliance with the mandatory pre-trial procedure for settling disputes interpret the provisions of the APC in different ways.

In a number of rulings of courts considering the issue of accepting a statement of claim under the new rules, the courts recognize the obligatory observance of the pre-trial procedure for claims for declaring transactions invalid (Determination of the Arbitration Court of the Novosibirsk Region dated June 14, 2016 in case N A45-12097 / 2016; Determination of the Arbitration Court of the Nizhny Novgorod region dated 06/14/2016 in case N A43-15242 / 2016).

Despite this, judicial practice has already developed, when the petition of one of the parties to return the statement of claim due to non-compliance with the pre-trial procedure is denied, due to the fact that there is no point in filing a claim or its satisfaction is impossible in principle. According to the definition of the courts: " ... the court must proceed from the real possibility of resolving the conflict between the parties, if the parties have the will to take appropriate actions aimed at independently resolving the dispute. If there is evidence indicating the impossibility of implementing the pre-trial procedure, the claim is subject to consideration in court. " Those. the courts recognize that a formal requirement to send a claim, which in any case cannot and will be satisfied, cannot serve as a basis for returning a statement of claim.

The court practice is as follows: Resolution of the Central District Arbitration Court dated April 13, 2015 N F10-728/2015 in case N A14-5141/2014; see also Ruling of the Arbitration Court of the Volga-Vyatka District dated October 6, 2014 in case N A43-6301/2014; Resolution of the Tenth Arbitration Court of Appeal dated June 10, 2016 N 10AP-8109/2016 in case N A41-106719/15).

It seems to us that this position of the arbitration courts is logical and correct, as well as it allows the party disputing the transaction to exercise its right to judicial protection without waiting for a response to the claim. At the same time, the parties have room for abuse of the right when responding to such a claim. Because if the party that received the claim sends a response stating that it has recognized the transaction as invalid, the courts will have a formal right to recognize the filed claim as unfounded. of our bureau faced with the return of a claim due to non-compliance with the mandatory pre-trial claim procedure, and we are waiting for a court decision clarifying the legal situation that has arisen.

A sample statement of claim for the recognition of an invalid transaction that is contrary to the rule of law, taking into account the latest changes in the legislation of the Russian Federation.

That is why experts, before writing such a statement of claim, recommend carefully consulting with a lawyer who has judicial practice in such cases, in order to avoid unpleasant measures that can be applied to the plaintiff, for example, confiscation of the subject of the transaction.

AT______________________________________
(Court name, address)

Claimant __________________________________
(name, phone, address)

Respondent _______________________________
(name, phone, address)

The cost of the claim __________________________
(Full claim amount)

Statement of claim

on invalidation of a transaction contrary to the rule of law

"___" "________" 20__ between ___________________ (full name of the plaintiff) and _____________________ (full name, address of the defendant) a transaction was made on __________________ (indicate the subject of the transaction), which is confirmed by the following documents ________________ (indicate details of the contract, other document).

As a result of the transaction, I, _________________ (full name of the plaintiff), acquired _____________________ (indicate the property, rights that the plaintiff received under the transaction), and also transferred _______________________ (full name address) the following _____________________ (indicate that was transferred under the transaction to the other party).

After the transaction, I became aware that the concluded transaction is void, as it contradicts the foundations of morality and law and order on the following grounds ________________________ (indicate the reasons why the transaction is contrary to the fundamentals of morality and law and order).

According to the documents I have, the defendant, when making such a transaction, acted intentionally, which is confirmed by _________________________ (indicate documents or other circumstances that confirm the presence of the defendant's intent and his bad faith actions)

According to paragraph 3 of Article 166 of the Civil Code of the Russian Federation, a void transaction, at the request of one of the parties, may be declared invalid if it has a legally protected interest, and the consequences established by Article 167 of the Civil Code of the Russian Federation apply to it. In view of the fact that we are talking about my property, the ownership of which is protected by law, I consider it possible to recognize the transaction concluded between me and the defendant as invalid.

Given the above, in accordance with the requirements of Articles 166, 167, 169 of the Civil Code, 131, 132 of the Civil Procedure Code of the Russian Federation:

ASK:

1. To invalidate the transaction concluded on "___" "_______" 20 __ years between _______________________ (full name of the plaintiff) and __________________ (full name, address of the defendant) according to which _____________________ (indicate the property transferred and acquired by the plaintiff ).

2. To oblige to return _______________ (full name, address of the defendant) transferred under the transaction _________________ (indicate the property, funds in full).

Applications:

1. Copy of the statement of claim;

2. Receipt of payment of state duty;

3. A document confirming the fact of the transaction;

4. Documents confirming the contradiction of the transaction with the foundations of morality and law and order, as well as the bad faith of the defendant.

5. Other documents confirming the plaintiff's arguments.

"___" "________" 20__ ________________ (signature)

(317 downloads)