Titov N.D. —
Analysis of the court rulings on cases pertaining to challenging contracts due to their contradiction to the essence of legislative regulation of the corresponding type of responsibility
// Law and Politics. – 2019. – № 9.
– P. 16 - 28.
DOI: 10.7256/2454-0706.2019.9.43275
URL: https://en.e-notabene.ru/lamag/article_43275.html
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Abstract: The subject of this research is the formulated by the Plenum of the Supreme Court of the Russian Federation in the order dated of 06.23.2015 No. 25 “On the application by courts of certain provisions of Part One of the Civil Code of the Russian Federation” ground for the nullity of contracts in form of their contradiction to the essence of legislative regulation of the corresponding type of responsibility. This aspect has not been diligently studied within the framework of the doctrine up to the present time, despite its evident law enforcement capacity. The article contains the analysis of court rulings of general jurisdiction and arbitration courts of various level on cases related to invalidating a contract that contradicts the essence of legislative regulation of the corresponding type of responsibility. The conclusions made in course of this research carry the elements of scientific novelty and may be applies in studying the grounds for the nullity of contracts and protection of civil rights.