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Confession of economic agreements invalid
Leading difficulties at confessions of ineffectiveness of agreements a failure to prove of requirements, choice of incorrect way for defence of the interests and abuse of plenary powers, are considered.
In the complex of services, as a rule, enters:
- Legal analysis of economic agreement, additions and other documents that follow to him;
- Forming of legal position of client with the purpose of protection of his rights;
- Measures of pre-trial settlement of dispute are development and dispatch of claims, letters of requirements, acts;
- Preparation of package of documents for an appeal in a court - point of claim, appendixes to him, calculation of judicial duty, presentation of documents;
- Defence of interests of client during the judicial meeting;
- Preparation and presentation of solicitors, reviews, objections, statements;
- Realization of control after implementation of decisions and decisions of courts.
In case of occurring of questions, regards illegality of agreement, will appeal for help to us. We render the wide line of services, beginning drafting of judicial documents, ending presentation of your side in the judicial body of any instances, in the matters of any complication. We will be able to protect Your interests!
It is first of all needed to study a moment, regards ineffectiveness of agreements and able to distinguish him among stopping and confession insolvent (to the unprisoners).
For ineffectiveness of agreement there can reason be violation of terms some side, that is indicated in GKU, HKU and otherNPA. Improper implementation of requirements of agreement, or terms, that prescribed in a current legislation, also able to be reason for his stopping. An agreement is named to the unprisoners, if at his conclusion of side not able to come to an agreement that is obligatory for an agreement, in obedience to an item 638 GKU, item 181 HKU.
On the level of ineffectiveness of transaction it is possible to divide by invalid absolutely since their realization (insignificant) and relatively invalid (contested), that can be confessed by invalid at some cases. (for example, in a judicial trial).
Insignificant, absolutely invalid, it is transactions ineffectiveness of that is envisaged by a legislation. On the basis of ч. 2 items 215 GKU a similar transaction does not need confession invalid on a court decision. Parties making a similar bargain must not abide by agreement, even in situations, when a decision of judicial body was not. However, there are situations, when confession by the court of ineffectiveness of transaction necessarily.
It is as an example possible to bring the notarial notarized agreement over, agreement made with violation of rights for other persons and passed registration in other organs.
The contested is name those transactions not acknowledged by civil codes in an emphatic form, however he envisages possibility that coming from their decreets similar transactions can confess invalid, coming from the solicitor of parties, or other persons. To them it is possible to take transactions with volitional vices and wills of his subjects.
Also as founding for ineffectiveness it is possible to use the points prescribed in another legislative acts of Ukraine, CK is included in their number, ЗК, Law, talking " About the lease of the landed resources", "Foreign economic activity", "Renewal of solvency of debtors, or confession of his bankruptcy", and other legal acts.
According to the Ukrainian legislation a transaction can be as absolutely invalid (insignificant) and relatively invalid (contested).
Algorithm of actions of legal company "Legal Solutions" on the penalty of debt on economic agreements:
- Advising of client on questions of penalty of debt;
- Help to Client in determination of order of actions in the process of penalty of debt;
- Pre-trial settlement of economic spores;
- Preparation of necessary documents;
- Judicial defence (including an appellate and appeal judicial instance);
- Representative office of interests at execution of court decision.
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