Legal Relations for the Protection of the Rights and Legally Protected Interests of Participants to Invalid Transaction: Concept, Elements, Features

Abstract

The paper is devoted to the theoretical understanding of the new model of civil law protective legal relations — legal relations for the protection of the rights and legally protected interests of participants to an invalid transaction. The need to formulate the concept, to determine the characteristics of this legal relationship has become relevant in connection with a change in the legislative approach to the interpretation of the conditions for recognizing transactions invalid. Today, invalidity is not associated exclusively with a defect in the transaction structure: the legal indication of the need to violate someone’s rights and legally protected interests by the fact of the commission and (or) execution of an insignificant or contested transaction indicates a new approach to the invalidity of transactions as a harmful legal situation. The legal form of protection of rights and legally protected interests violated by such a transaction is precisely the legal relationship to protect participants to the invalid transaction. The paper analyzes the peculiarities of the legal relationship for the protection of the rights and interests of the participants in a void transaction protected by law with regard to the grounds for their occurrence and their dynamics, taking into account the forms of invalidity reflected in civil legislation. Conclusions are drawn about the non-identity of such a legal relationship of a restorative legal connection, about the relative independence of the latter. The specificity of the subjects, object, content of the legal relationship for the protection of participants in an invalid transaction is substantiated, its concept is formulated.