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Legal Qualification of the “Concealed Transaction” and the Legal Facts Arising from It
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Legal Qualification of the “Concealed Transaction” and the Legal Facts Arising from It
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/jrp.2023.126
Publication type
Article
Status
Published
Authors
Vasily A. Laptev 
ORCID: 0000-0002-6495-1599
Occupation: Professor at the Department of Entrepreneurial and Corporate Law
Affiliation: Kutafin Moscow State Law University
Address: Moscow, Russia
Daria Feyzrakhmanova
ORCID: 0000-0002-9254-4464
Occupation: Head of the Department of Organizational and Legal Support, Expert and Analytical Department
Affiliation: Deposit Insurance Agency
Address: Moscow, Russia
Edition
Volume 27 No. 11
Pages
38-49
Abstract

The basis for the conclusion of civil law transactions is the equality of participants in civil transactions and the principle of freedom of contract, which correspond to the requirements for conscientious behavior of participants in public relations and the prohibition of abuse of law. The legal consequences of concluding transactions are closely related to the issue of stability of the emerging civil turnover and the level of legal culture.

The purpose of the study is to analyze the features of the “concealed transaction” and the legal assessment of the consequences of its conclusion. Objectives of the study: determination of the elements of a “disguised transaction”; an overview of the possible legal qualification of the covert transaction, the conclusion of which was ultimately directed by the will of its parties; analysis of judicial practice approaches on the current issues; characterization of the legal consequences of concluding the transactions in question.

Research methods: general scientific methods (analysis and synthesis, system analysis method) and methods of legal science (including the interpretation of legal norms).

Results of the study. Judicial practice has developed an approach in which it follows that a sham transaction actually includes two transactions: a sham transaction made for the sake of appearance (fictitious transaction) and a transaction actually made by the parties (concealed transaction). The legal consequence of sham (fictitious) transactions is their nullity from the moment of conclusion, which the court can only ascertain. In turn, the legal consequences of a covert transaction depend on its content and compliance with the rules established by the Civil Code of the Russian Federation on a particular type of transaction. So, the legal consequences of a concealed transaction can be: general, special and specific.

Keywords
sham transaction, concealed transaction, invalidity of the transaction, void transaction, replacement transaction, real transaction, consequences of the concealed transaction
Date of publication
10.11.2023
Number of purchasers
10
Views
126
Readers community rating
0.0 (0 votes)
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References



Additional sources and materials

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