CONDITIONS OF TRANSACTION VALIDITY UNDER RUSSIAN AND FRENCH LAW

In the article the authors give the main characteristics of conditions of transaction validity according to the Russian and French law. In Russia, as well as in France, a transaction (agreement) which does not meet any of these conditions may be recognized as invalid in part or in full. The conditio...

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Autores principales:	E. V. Vershinina, J. A. Stakheeva
Formato:	article
Lenguaje:	EN RU
Publicado:	MGIMO University Press 2013
Materias:	transactions invalid transactions conditions of validity of a transaction will expression of will causa consideration legal capacity active legal capacity form of the transaction International relations JZ2-6530
Acceso en línea:	https://doaj.org/article/07635b76b34a409da2bdbdd548169cc8
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spelling	oai:doaj.org-article:07635b76b34a409da2bdbdd548169cc82021-11-23T14:50:54ZCONDITIONS OF TRANSACTION VALIDITY UNDER RUSSIAN AND FRENCH LAW2071-81602541-909910.24833/2071-8160-2013-5-32-197-207https://doaj.org/article/07635b76b34a409da2bdbdd548169cc82013-10-01T00:00:00Zhttps://www.vestnik.mgimo.ru/jour/article/view/1227https://doaj.org/toc/2071-8160https://doaj.org/toc/2541-9099In the article the authors give the main characteristics of conditions of transaction validity according to the Russian and French law. In Russia, as well as in France, a transaction (agreement) which does not meet any of these conditions may be recognized as invalid in part or in full. The conditions of transaction validity are not specified directly in Russian laws, in contrast to the French legislation. Russian lawyers share the opinion that the conditions of transaction validity include the following: the content and the legal result of the transaction must not contradict to law; individuals and legal entities performing the transaction, must have capacity to be a party to the transaction; the expressed will of the transaction party must correspond to its actual will; the will of the transaction party must be expressed in due form. French legislation, in particular, the French Civil Code in the Article 1108 directly specifies the following conditions of transaction (agreement) validity: the party, which undertakes its obligations, must express its consent; the parties must have the capacity to make an agreement; certain subject, which represents the obligation's content; causa of the obligation. Article 1108 of the FCC does not contain direct provisions regarding the form of the transaction. However, in order to be valid, the transaction must be executed in certain legally established form. Also the article deals with the main common and different features in Russian and French legislation and doctrine.E. V. Vershinina,J. A. StakheevaMGIMO University Pressarticletransactionsinvalid transactionsconditions of validity of a transactionwillexpression of willcausaconsiderationlegal capacityactive legal capacityform of the transactionInternational relationsJZ2-6530ENRUVestnik MGIMO-Universiteta, Vol 0, Iss 5(32), Pp 197-207 (2013)
institution	DOAJ
collection	DOAJ
language	EN RU
topic	transactions invalid transactions conditions of validity of a transaction will expression of will causa consideration legal capacity active legal capacity form of the transaction International relations JZ2-6530
spellingShingle	transactions invalid transactions conditions of validity of a transaction will expression of will causa consideration legal capacity active legal capacity form of the transaction International relations JZ2-6530 E. V. Vershinina, J. A. Stakheeva CONDITIONS OF TRANSACTION VALIDITY UNDER RUSSIAN AND FRENCH LAW
description	In the article the authors give the main characteristics of conditions of transaction validity according to the Russian and French law. In Russia, as well as in France, a transaction (agreement) which does not meet any of these conditions may be recognized as invalid in part or in full. The conditions of transaction validity are not specified directly in Russian laws, in contrast to the French legislation. Russian lawyers share the opinion that the conditions of transaction validity include the following: the content and the legal result of the transaction must not contradict to law; individuals and legal entities performing the transaction, must have capacity to be a party to the transaction; the expressed will of the transaction party must correspond to its actual will; the will of the transaction party must be expressed in due form. French legislation, in particular, the French Civil Code in the Article 1108 directly specifies the following conditions of transaction (agreement) validity: the party, which undertakes its obligations, must express its consent; the parties must have the capacity to make an agreement; certain subject, which represents the obligation's content; causa of the obligation. Article 1108 of the FCC does not contain direct provisions regarding the form of the transaction. However, in order to be valid, the transaction must be executed in certain legally established form. Also the article deals with the main common and different features in Russian and French legislation and doctrine.
format	article
author	E. V. Vershinina, J. A. Stakheeva
author_facet	E. V. Vershinina, J. A. Stakheeva
author_sort	E. V. Vershinina,
title	CONDITIONS OF TRANSACTION VALIDITY UNDER RUSSIAN AND FRENCH LAW
title_short	CONDITIONS OF TRANSACTION VALIDITY UNDER RUSSIAN AND FRENCH LAW
title_full	CONDITIONS OF TRANSACTION VALIDITY UNDER RUSSIAN AND FRENCH LAW
title_fullStr	CONDITIONS OF TRANSACTION VALIDITY UNDER RUSSIAN AND FRENCH LAW
title_full_unstemmed	CONDITIONS OF TRANSACTION VALIDITY UNDER RUSSIAN AND FRENCH LAW
title_sort	conditions of transaction validity under russian and french law
publisher	MGIMO University Press
publishDate	2013
url	https://doaj.org/article/07635b76b34a409da2bdbdd548169cc8
work_keys_str_mv	AT evvershinina conditionsoftransactionvalidityunderrussianandfrenchlaw AT jastakheeva conditionsoftransactionvalidityunderrussianandfrenchlaw
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CONDITIONS OF TRANSACTION VALIDITY UNDER RUSSIAN AND FRENCH LAW

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