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 kand. yurid. nauk. Dolzhnost: nauchnyy sotrudnik. Mesto raboty: Institut gosudarstva i prava Rossiyskoy akademii nauk. Podrazdelenie: sektor predprinimatelskogo i korporativnogo prava.
Institute of state and law of the Russian Academy of Sciences
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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.
Keywords:
the deal, the plaintiff, capacity, action, interest, criterion, the invalidity, representative, the power of attorney, object, the court, right, the decision, losses.


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