On some issues of civil law understanding of fake deals

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Abstract


The civil legislation reform and the complexity of the socioeconomic conditions in our country have increased the scientific and practical significance of research related to the clarification of the concept of “fake transactions,” their relationship with other (related) transactions, and the establishment of their legal consequences. These issues, which have no unity in civil science, are discussed in the proposed article. The article analyzes the concepts and attributes of fake transactions, their qualitative and distinctive features, the specifics of their invalidity (nullity), and the relationship with related invalid (nullity) agreements (transactions). This statement of the article’s content determines its theoretical and practical significance as well as its relevance. The methodological basis of the research includes the well-known general and particular scientific research methods. The objectives of the proposed article are as follows: to clarify and form the author’s concept of “fake transactions,” to establish their distinctive features, to define the place of fake contracts in the invalid transactions system, and to clarify the features of fake transaction invalidity.


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About the authors

Nataiya M. Lakocenina

Russian state University of Justice, North-Caucasian Branch

Author for correspondence.
Email: Nataadvokatura@mail.ru

Russian Federation, Krasnodar

teacher

References

  1. Alekseev S.S. General theory of law. Moscow, 2008. 576 p. (In Russ.).
  2. Sergeev A.P. Some questions of invalidity of transactions. Essays on commercial law. 2004;(11):24. (In Russ.).
  3. Ioffe O.S. Selected Works: In 4 vol. Vol. 2. Soviet Civil Law. Saint-Petersburg, 2004. 782 p. (In Russ.).

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