Alekberova, N.N. The grounds for distinguishing the simulated and fraudulent transaction from other types of void transactions

Abstract: The article includes analysis of the grounds for distinguishing simulate and fraudulent transactions from other types of unlawful transactions, and transactions completed with the goals contradicting the bases of legal order and morality. The author analyzes the conditions in which the courts apply the provisions of Art. 170 of the Civil Code of the Russian Federation in their systemic correlation with the provisions of Art. 168, 169 of the Civil Code of the Russian Federation. In the opinion of the author, it Is not correct to qualify the actions of the parties to a transaction under both Art. 170 and Art. 169 of the Civil Code of the Russian Federation. The presence of the goal obviously contradicting the bases of legal order and morality makes the simulated and fraudulent transaction become transactions made for the goals obviously contradicting the bases of legal order and morality. At the same time, the actions taken in order to evade the legal limitations should not be equaled to the simulated deals, rather, they should be regarded as unlawful actions, and they should qualify under Art. 168 of the Civil Code of the Russian Federation.

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