Imaginary and feigned transactions under the Civil Code of the Russian Federation are invalid, they do not have legal status and legal force. The conclusion of void agreements is not recognized by applicable law. But jurisprudence gives definitions to these processes, marks them with signs, imposes responsibility for them on individuals. In civil proceedings, fictitious transactions are often observed. Participants are trying to hide reality under a model legal mask in order to benefit. Cover unreliable figures, facts, and even contracts from inspection bodies.
Features
An imaginary agreement is the agreement of the parties to create a transaction without the corresponding legal consequences, it is concluded between them for the species.
A sham transaction in the Civil Code of the Russian Federation covers another contract with other conditions. For the procedure for which the action takes place, the essence, the content, using certain rules, is taken into account.
Legal actions differ from each other in real consequences. They can both come and go. Under imaginary agreements, each side remains with its own interest, civil law relations are concluded on paper. A feigned transaction under the Civil Code of the Russian Federation differs from an imaginary agreement, it has consequences, but not those specified in the agreement.
General characteristic properties
Acts that are imagined as insignificant and not recognized by the law have similar signs with feigned transactions in the Civil Code of the Russian Federation.
Similar contracts are concluded:
- between competent participants in a voluntary manner and in a conscious state;
- the form, content of the signed agreements, by external criteria, comply with legislative provisions;
- the true intentions of the persons involved in the transaction are unreliable with an unlawful nature.
For the similarity of parameters in such illegal processes, lawyers call these transactions with malicious intent and emphasize depravity of intentions.
How legal invalidity is determined
Any agreement in the field of civil law must be made in strict accordance with applicable laws and regulations.
Transactions can exist within the legal framework together with significant categories:
- participants, subjects of agreements;
- externally expressed by the will of the defendants;
- form of contract;
- conditions in the content and subject of the contract.
The procedure will be declared invalid if one of the elements that does not comply with the acts of the law is present.
What species are recorded in the classification
The execution of feigned transactions under the Civil Code of the Russian Federation, as well as imaginary contracts, is recorded in legal practice as the most frequent production compared to similar agreements, factual violations in the actions of the parties indicate their unlawfulness.
On this basis, illegal transactions were classified, where, depending on the identified procedure, they are recognized:
- disputable when invalidity is proved in court;
- void - their signs appear immediately after the conclusion of the contract.
Many people want to circumvent the law when making financial transactions. They were sent to preserve and protect their own budget from the state treasury.
Criminal Agreement Version
In Art. 170 of the Civil Code of the Russian Federation, a sham transaction belongs to the varieties of an imaginary arrangement. The law characterizes actions to achieve the goal - to cover one component with another. At the same time, participants provide the main agreement, hiding from the legal consequences of this contract.
In civil relations, there was a sale of cars without paperwork. They brought little benefit, but there were huge queues in the traffic police, so the owners handed over the cars by proxy, moreover, the financial operation allowed them not to pay tax. The seller received the money.
The lines have now disappeared, the process of paperwork has become easier. It is convenient for the owner to deregister the sold car so as not to be responsible for traffic violations while driving his vehicle. There is an example of a feigned transaction under the Civil Code of the Russian Federation, it is carried out in a government department, but the real estate agreement (not the actual price (600,000 rubles), but the false price (150,000 rubles) is indicated in the sales contract. Such actions do not reduce the income tax, but completely remove it, since accruals are possible from 300 000 p. from the sale.
Court Imaginary Agreements
When the imaginary transaction is recognized in court, it is canceled, while the legal authority is not interested in the behavior of the participants. If the debtor has been sued for debt compensation, he knows that the decision will not be in his favor, he will have to pay with real estate, then the search for an illegal exit begins.
A citizen sells another apartment, documents the transfer of ownership. The court proves the nullity of the transaction, rights and debts are returned to the owner.
Such an outcome is real only if the apartment is sold after contacting the court. When property is disposed of before legal proceedings, with a chain of real resales, confirmations cannot be collected to hold the violator accountable under the law.
Consequences of feigned transactions in the Civil Code of the Russian Federation
The invalidity of the agreement requires evidence to be recognized in court. But feigned agreements consist of 2 parts, one of them is real and cannot be canceled. The legal authority carries out legislative manipulations, where the part of the contract that they tried to hide remains and cancels the transaction that is not true.
What awaits the participants if the nullity of the contract is proved:
- A car enthusiast who bought a car by proxy for a certain period of time will not become its owner when the period specified in the document ends, the owner may refuse to renew a trust relationship, and the rights, even to drive, are completely eliminated.
- The contract indicated a specific amount transferred to the seller, which he is obliged to return - 150,000 p. instead of 600,000 p.
For each crime, there is a limitation period for a sham transaction; in the Civil Code of the Russian Federation it is equal to 3 years. Each participant can file a claim for the application of the consequences of feigned agreements, the countdown begins after familiarization with the facts or the beginning of execution.
How to prove the invalidity of financial contracts?
It should be noted that when a claim is filed by a non-party to the contract, due to the negative impact on its interests, the statute of limitations of the pretended transaction of the Civil Code of the Russian Federation is increased to 10 years. For the application to be accepted, evidence of nullity is needed, they are considered in the course of litigation.
Donations are considered feigned when elements of other reimbursable agreements are found in contracts. An example is a proven pretense of containing in a transaction a component inherent in a contract with a purchase or sale.
The judge will examine the document to establish the purpose of the agreement to find out if the gift did not cover the implementation of the object in order to conceal the legal consequences. The initiator of legal proceedings are both parties and citizens whose interest coincides with the relevant procedural decision.
If the contract contains all the signs of invalidity, a trial is not necessary, provided that the participants voluntarily abandon their accepted duties, conditions and requirements. Not always termination of void contracts in a peaceful way.
If each participant considers that his rights are violated and requires judicial protection:
- file a lawsuit with the court of general jurisdiction;
- during the proceedings indicate the reasons for which it was necessary to conclude an illegal agreement;
- emphasize their integrity;
- prove intentional wrongful acts of the defendant, which were hidden from the plaintiff.
After the court declares the contract null and void, the participants must submit to the decision of the legal department and return the property received from the sham transaction. A two-way mechanism operates here - the persons involved in the case return the subject of the dispute, money, rights to it to the state that was before the deception.