Alekberova Nina Nizamovna Defect of the will as the basis for the invalidity of fictitious and fraudulent legal transactions

Abstract: The article is devoted to the nature of the defect of the will in the fictitious and fraudulent deals. It is stated that the defect of the will in the fictitious and fraudulent deals is a complicated basis for their invalidity, since the will of the participants of such deals has three dimensions. Challenging fictitious and fraudulent deals due to the defect of the will is possible within the judicial claim procedure, and the claim should be filed by a person with an interest in the deal in question. The author offers to establish for such deals the limitation period of three years since the time when the claimant found out, or should have found out of the situation, which may serve as the basis for the invalidity of such a deal.

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