DISPUTED AND VOID TRANSACTIONS: A NEW CLASSIFICATION

The article examines the significance of transactions, which are an important institution of civil law of the Republic of Uzbekistan, the role of free will and expression of will in recognizing them as void, and an analysis of the classification of transactions based on their invalidity. The article also presents a new classification of invalid contracts, which is recommended to be regarded as an abstract principle rather than a casuistic. Several arguments are provided to justify the developed classification, reflecting suggestions for improving the current civil legislation. The main reason for dividing invalid contracts in civil law into disputed and automatically void contracts is to distinguish their consequences. However, after analyzing theory and practice, the author attempts to prove that this important basis is insignificant. Additionally, the article discusses the specific nature of the void of contracts, the subject of proof in each case of void (composition), the position on the statute of limitations, the circle of persons who have the right to file a claim, individuals who have the right to demand the automatic invalidation of the contract in the claim, and others. In the article, the methods of comparison, analysis-synthesis, and system analysis were widely used.

Authors

Publication Details

Journal
Review of Law Sciences
Published
2024-12-24
DOI
https://doi.org/10.51788/tsul.rols.2024.8.4./pdok4046
Primary Topic
Dispute Resolution and Class Actions
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

DISPUTED AND VOID TRANSACTIONS: A NEW CLASSIFICATION

Muniskhon Usmanova
Review of Law Sciences
Dispute Resolution and Class Actions
article

DISPUTED AND VOID TRANSACTIONS: A NEW CLASSIFICATION

Muniskhon Usmanova
article en

Abstract

The article examines the significance of transactions, which are an important institution of civil law of the Republic of Uzbekistan, the role of free will and expression of will in recognizing them as void, and an analysis of the classification of transactions based on their invalidity. The article also presents a new classification of invalid contracts, which is recommended to be regarded as an abstract principle rather than a casuistic. Several arguments are provided to justify the developed classification, reflecting suggestions for improving the current civil legislation. The main reason for dividing invalid contracts in civil law into disputed and automatically void contracts is to distinguish their consequences. However, after analyzing theory and practice, the author attempts to prove that this important basis is insignificant. Additionally, the article discusses the specific nature of the void of contracts, the subject of proof in each case of void (composition), the position on the statute of limitations, the circle of persons who have the right to file a claim, individuals who have the right to demand the automatic invalidation of the contract in the claim, and others. In the article, the methods of comparison, analysis-synthesis, and system analysis were widely used.

Review of Law SciencesVol. 8(4)
Openalex Percentile: Top 56%
Dispute Resolution and Class Actions
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.