Improvement of Transactions with the Defects of Their Commission
Aim. The study of the improvement of transactions – the institution of convalidation and the identification of problems in the application of this institution in practice, as a special legal instrument that allows you to get out of the general understanding of the consequences of the invalidity of transactions and recognize a transaction with a defect as valid Methodology. The work used formal legal and comparative legal analysis and systematization methods. The application of the formal legal method made it possible to explore the existing terms and categories necessary to stabilize civil turnover. The application of the method of comparative legal analysis and systematization made it possible to correlate the estoppel rule with the institution of invalidation of invalid transactions and to identify the need to improve the legislative regulation of the institution of convalidation. Results. The positive effect of the application of transaction validation to ensure the stability of contractual relations in the business sphere is substantiated. The author notes that the use of convalidation to improve the transaction prevents the devastating consequences of the invalidity of transactions. At the same time, the need has been identified, for uniform application in judicial practice, at the legislative level, to establish restrictive limits on the application of convalidation, by indicating transactions to which this procedure can be applied with the establishment of a judicial procedure for the rehabilitation of transactions and determining the circle of persons entitled to present relevant requirements. Research implications . The suggestions and conclusions contained in this article can form the basis for further study in the field of healing, rehabilitation of transactions with the defects of their commission.
Authors
- О. Ф. Фаст (ORCID: https://orcid.org/0000-0001-5799-0138)
Institutions
- Federal College of Education, Kano (NG)
Publication Details
- Journal
- Moscow Juridical Journal
- Published
- 2025-07-14
- DOI
- https://doi.org/10.18384/2949-513x-2024-3-62-69
- Citations
- 1
- Primary Topic
- Corporate Governance and Law
- Type
- article
- Field-Weighted Citation Impact
- 2.23