The problem of interest in transactions of capable persons who did not understand the nature of their actions or could not direct them
( Pp. 44-46)
More about authors
Zankovsky Sergey S.
doktor yuridicheskih nauk, professor, Zasluzhennyy yurist RF, glavnyy nauchnyy sotrudnik
Institute of state and law of the Russian Academy of Sciences
Moscow, Russian Federation Moturenko Sergey Mikhailovich Cand.Sci.(Law), Senior Researcher, Civil and Business Law Sector, Federal State Budgetary Institution, Institute of State and Law, Russian Academy of Sciences
Institute of State and Law of the Russian Academy of Sciences
Moscow, Russian Federation
Institute of state and law of the Russian Academy of Sciences
Moscow, Russian Federation Moturenko Sergey Mikhailovich Cand.Sci.(Law), Senior Researcher, Civil and Business Law Sector, Federal State Budgetary Institution, Institute of State and Law, Russian Academy of Sciences
Institute of State and Law of the Russian Academy of Sciences
Moscow, Russian Federation
Abstract:
The article analyzes the criteria to be met by the interest of persons who, not being parties to the disputed transaction under article 177 of the civil code, have the right to claim its invalidity. The lawfulness of the claim of the plaintiff challenging the defendant's transaction to issue a power of attorney to the judicial representative is considered. It is concluded that the transaction itself does not affect the substantive interest of the plaintiff and does not introduce an element of uncertainty in its legal position. Therefore, such a plaintiff is not appropriate in relation to this requirement.
How to Cite:
Zankovsky S.S., Moturenko S.M., (2018), THE PROBLEM OF INTEREST IN TRANSACTIONS OF CAPABLE PERSONS WHO DID NOT UNDERSTAND THE NATURE OF THEIR ACTIONS OR COULD NOT DIRECT THEM. Gaps in Russian Legislation, 5 => 44-46.
Reference list:
Ryzhenkov A.YA. Grazhdansko-pravovye sdelki: teoretiko-filosofskiy aspekt. quot;Grazhdanskoe pravo quot;, 2018, N 1.
Vol skiy N. Sostoyanie imeet znachenie. quot;EZH-YUrist quot;, 2014, N 26.
Savost yanova O.N. Dvustoronnyaya restitutsiya pri nedeystvitel nosti dogovora kupli-prodazhi, sovershennogo grazhdaninom, nakhodivshimsya v moment ego zaklyucheniya v takom sostoyanii, kogda on ne byl sposoben ponimat znachenie svoikh deystviy ili rukovodit imi (punkt 1 stat i 177 GK RF). quot;YUrist quot;, 2017, N 22
S.SHCHerbatova. Moshennicheskie skhemy s kvartirami psikhicheski bol nykh lyudey. quot;ZHilishchnoe pravo quot;, 2018, N 5.
Vol skiy N. Sostoyanie imeet znachenie. quot;EZH-YUrist quot;, 2014, N 26.
Savost yanova O.N. Dvustoronnyaya restitutsiya pri nedeystvitel nosti dogovora kupli-prodazhi, sovershennogo grazhdaninom, nakhodivshimsya v moment ego zaklyucheniya v takom sostoyanii, kogda on ne byl sposoben ponimat znachenie svoikh deystviy ili rukovodit imi (punkt 1 stat i 177 GK RF). quot;YUrist quot;, 2017, N 22
S.SHCHerbatova. Moshennicheskie skhemy s kvartirami psikhicheski bol nykh lyudey. quot;ZHilishchnoe pravo quot;, 2018, N 5.
Keywords:
the deal, the plaintiff, capacity, action, interest, criterion, the invalidity, representative, the power of attorney, object, the court, right, the decision, losses.
Related Articles
1. Theory and history of law and state; History of law and State teachings Pages: 7-11 Issue №5518
INTEREST AS A GENERAL SCIENTIFIC AND LEGAL CATEGORY
interest
a legitimate interest
a legally protected interest
General scientific category
interest in the law
Show more
3. Theory and history of law and state; History of law and State teachings Pages: 155-157 Issue №10864
Features of formation of sources of the Soviet law
right
sources of law
Soviet law
the system of sources of law
Show more
10. Human and civil rights and freedoms, guarantees of their provision Pages: 145-149 Issue №9089
PRACTICAL AND THEORETICAL ASPECTS OF PROOF IN CIVIL PROCEDURE OF HONG KONG, SINGAPORE AND MALAYSIA
proof
proof
the court
civil process
the standard of proof
Show more
3. Theory and history of law and state; History of law and State teachings Pages: 142-143 Issue №10864
THE ESSENCE OF GENERAL-THEORETICAL LEGAL SCIENCE
science
theory
the state
attitude
right
Show more
7. Criminal law, Criminal enforcement law, Criminology Pages: 141-142 Issue №4088
General characteristics of the family and minors
crime
minors
right
family
society
Show more
11. CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW; Pages: 144-147 Issue №11076
PROFESSIONAL COMMERCIAL OFFICE
commercial representation
commercial representation agreement
the deal
the contract
representative
Show more
3. Theory and history of law and state; History of law and State teachings Pages: 144-146 Issue №10864
AN INTEGRATIVE CONCEPT OF LEGAL CONSCIOUSNESS OF THE MODERN RUSSIAN LEGAL SCIENCE
the law
problems
theory
the state
understanding
Show more
10. CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW; Pages: 133-137 Issue №9525
WHETHER TO RAISE THE AGE OF MARRIAGE?
marriage
the age of marriage
capacity
age
emancipation
Show more
7. GAPS IN THE LAW, INTERNATIONAL PUBLIC LAW, INTERNATIONAL PRIVATE LAW Pages: 136-138 Issue №2490
THE INTEREST AS THE OBJECT OF ENSURING THE NATIONAL SECURITY OF THE CRIMINAL JUSTICE’S RESOURCES
national security
interest
national interest
psychological approach
spirituality
Show more
10. Human and civil rights and freedoms, guarantees of their provision Pages: 157-160 Issue №9089
CIVIL-LAW REGULATION OF GOODS AND SERVICES ON THE INTERNET
the Internet
right
regulation of goods and services on the Internet
Show more