made concerning the terms of contracts that provide for penalties or obligations that make it difficult for the buyer to exercise his rights. They are now also recognized as null and void.
This means that additional expenses or numbers (south korean tv series) obligations cannot be imposed on the consumer without his consent. The changes also affect the conditions related to the choice of payment method, the amount of the penalty and the limitation of the buyer's right to choose the type of claim in the presence of defects in goods, works or services.
The introduction of these amendments to the legislation is aimed at strengthening consumer rights and preventing unfair practices on the part of sellers, which helps to improve the protection of customer interests.
The circle of persons entitled to challenge a voidable transaction
Not only the parties to the agreement, but also others, if this is provided for by law, may apply to the court with a demand to recognize such an agreement as invalid (clause 3 of Article 166 of the Civil Code of the Russian Federation).
The law does not limit the circle of such persons, the main condition is the presence of a violation of their rights associated with this transaction, as well as the absence of other ways to protect these rights, except through legal proceedings.
The circle of persons entitled to challenge a voidable transaction
Source: shutterstock.com
Let's look at an example : a person rented out his apartment and left temporarily. An unscrupulous tenant, using forged documents, re-registered the housing in his name and sold it to a third party.
In this case, the original owner, although not a party to the purchase and sale transaction, has the right to file a lawsuit against the buyer of the apartment, even if the latter was not aware of the illegality of the acquisition. This is necessary to recognize the last agreement as invalid.
Such cases are rare in relations between citizens, but possible. That is, if someone discovers that their property was sold without their knowledge, they can demand that the transaction be declared invalid and their rights be returned.
Limitation period for voidable transactions
The period for filing claims for recognition of their invalidity is three years. This period begins on the day when the execution of such a transaction began. If the claim is filed by a person who is not a party to the agreement, the period is counted from the moment when he learned of the beginning of its execution. At the same time, the general limitation period cannot exceed 10 years from the date of violation of the right (clause 2 of Article 196 of the Civil Code of the Russian Federation).
A voidable transaction is invalid from the moment it is concluded, regardless of whether the court recognizes it as such. If the plaintiff misses the limitation period, his claims for its recognition as invalid will be rejected by the court.
This does not change the essence of the transaction - it remains null and void, but it will be legally impossible to have its consequences cancelled. If the plaintiff missed the limitation period for a good reason, the court may reinstate it. These are circumstances that objectively prevented timely appeal to the institution: serious illness, long stay abroad without communication, etc.
Restoring the limitation period allows you to protect violated rights even after the expiration of the original period.
Case: VT-metall
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