Unfairness in the execution of the contract and its consequences

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The article deals with the provisions of the Civil Code of the Russian Federation concerning compliance by the parties to the contract with requirements for the form of the transaction and its state registration. Examples are given from judicial practice, which show that if a party evades an unfair agreement from its registration, such party will be considered bound by an obligation with a bona fide party. Since the differences in the legal regulation of the consequences of the absence of state registration should be considered not as an establishment of a special rule for certain types of transactions, but as a contradiction formed in connection with the stage-by-stage reform of the Civil Code of the Russian Federation, the author concludes that it is necessary to clarify the reviewed norms of civil legislation.

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Execution of the transaction in the proper form, state registration of the transaction, protection of the interests of the bona fide party, consequences of the absence of state registration of the transaction, rules on the limitation period

Короткий адрес: https://sciup.org/170172846

IDR: 170172846

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