Goncharova V.A. —
System and Classificatin of Legal Remedies and Legally Protected Interests of Ivalid Bargain Participants
// Legal Studies. – 2019. – ¹ 7.
– P. 68 - 79.
DOI: 10.25136/2409-7136.2019.7.30255
URL: https://en.e-notabene.ru/lr/article_30255.html
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Abstract: The subject of this research is the combination of legal remedies and legally protected interests of invalid bargain participants as set forth by the civil law of the Russian Federatoion. Articles 166, 167 of the Civil Code of the Russian Federation describe such remedies as declaration of invalid bargain, restitution and compensation of damages. At the same time, Clause 3 of Article 431.1 of the Civil Code of the Russian Federation provides opportunity for voidable bargain participants acting as entrepreneurs to expect other consequences of its invalidity. These consequences as well as remedies of a different kind must be discovered and fixed in the system and classification of legal remedies and legally protected interests of invalid bargain participants. The methodology of the research implies the method of materialistic dialectics, formal law and logical analysis methods. To create a classification and systems of aforesaid remedies, Goncharova has also used the systems approach and such research methods as analysis and synthesis, deduction and induction. As a result of the research, the author has created a multi-component system of legal remedies and legally protected interests of invalid bargain participants. She has also offered their classification depending on 1) functions they perform, 2)scope of application, 3)nature, 4)bases for the origin. The conclusions made by the author as a result of her research is of scientific novelty and importance and can be used in further research of civil remedies and bargain invalidity.
Goncharova V.A. —
Problems of identifying legal entities in a contract dispute
// Law and Politics. – 2019. – ¹ 7.
– P. 43 - 57.
DOI: 10.7256/2454-0706.2019.7.43254
URL: https://en.e-notabene.ru/lamag/article_43254.html
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Abstract: The subject of this article is the civil law relations associated with contract dispute by entities defined by law (parties, other and third persons). Currently, the civil legislation provides right to challenge a contract and application of consequences of its invalidity to parties of the contract and other parties. Moreover, in certain cases, a contract can be challenged in the interests of third parties by specially authorized subjects. Scientific literature does not contain comprehensive research on the aforementioned parties, which justifies the relevance of their examination. The results of this work consist in the formulation of complete perception of parties legally authorized to contest a contract according to the Article 166 of the Civil Code of the Russian Federation. The conclusion made in this work can be used in further research in the area of void contract. This article is the first complex analysis on the parties of void contract, other and third parties, which substantiate the scientific novelty of the formulated conclusions within.