Representation of interests in disputes on recognition of transactions invalid
One of the important areas of practice for lawyers at BRACE Law Firm is the provision of legal services to represent interests in court for recognition of transactions invalid. In our practice, we face with different cases of recognition of transactions as invalid at various stages of dispute resolution, including pre-trial and judicial. Our advantage is the availability of extensive experience in case management in courts, specialized expertise and a well-coordinated team of lawyers.
Before beginning of the procedure for applying to the court with the requirement to declare the transaction invalid, we obligatorily analyze all available documents, collect the necessary information, and monitor judicial practice in similar disputes. The customer always receives complete and reliable information about each stage of the business.
Disputes regarding invalidation of transactions
Disputes regarding the recognition of a transaction as invalid are one of the most common statements submitted to the court and, at the same time, one of the most complexes. Using this mechanism, it is possible to note the obligations undertaken that are disadvantageous for any party to the contract, to return the transferred property, money, restore the situation that existed before the conclusion of the disputed transaction. At the same time, one of the most important rules of the civil law industry must be observed – the inadmissibility of abuse of law.
To avoid future disputes regarding the invalidity of the transaction, when signing the contract, you must carefully familiarize yourself with its contents on the issue of compliance with its current legislation. Otherwise, the transaction may be declared null and void, that is, it will entail the need to bring a court to resolve the contentious situation, loss of money and time.
Procedure for resolving disputes regarding invalidation of transactions
Thus, the courts acknowledge that a formal requirement to file a claim, which, even if desired, cannot be satisfied, cannot serve as a basis for the return of the statement of claim.
To defend your rights in case of a dispute about the invalidity of the transaction and correctly execute all the necessary documents, it is better to seek help from a professional on time who will be able to competently resolve the issues that have arisen.
If the claim was not satisfied, the person has the right to apply to the court with a demand for the application of legal consequences in case of invalidity of transactions. The choice of a specific court where the lawsuit should be filed is subject to the rules of jurisdiction and jurisdiction of the dispute.
The arbitration court should be contacted if the following conditions are met:
- the transaction is related to entrepreneurial and other economic activities;
- The parties to the case are legal entities or individual entrepreneurs;
- the transaction is disputed as part of the bankruptcy proceedings of the debtor;
- the applicant is a participant in a legal entity with a requirement to invalidate a transaction of a legal entity and (or) to establish the consequences of the invalidity of such a transaction.
In other cases, including when citizens are parties to the case, a lawsuit is filed with a court of general jurisdiction (Article 22 of the Code of Civil Procedure of the Russian Federation).
- Legal analysis of documents and other evidence submitted by a client regarding the Disputes regarding the recognition of a transaction as invalid
- Advising by lawyers of BRACE Law Firm on the prospects for trial and/or pre-trial settlement of a dispute
- Drafting and submission of a pre-trial claim (if a mandatory pre-trial procedure is provided or the submission of a pre-trial claim is necessary for other reasons)
- Development of a strategy and tactics for protecting a client in a court
- Collection, preparation and retrieval of evidence for a court case
- Preparation and filing of a statement of claim (application) and other procedural documents on a judicial dispute
- Representation of interests, case management in court by lawyers of BRACE Law Firm and performing all other necessary procedural actions
- Coordination in several parallel cases
- Legal assistance in administrative cases
- Preparation and support of the conclusion of settlement agreements concluded at various stages of the trial
- Appeal of judicial acts in courts of appeal, cassation and supervisory court
- Legal support of enforcement proceedings
- Other legal assistance in court cases on disputes regarding the recognition of a transaction as invalid