Recognition of the contract invalid as a way of protecting civil rights and interests of individuals.

Abstract

The article refers to the institution of contract invalidation as a way of protecting civil rights and interests. In general, the article clarifies the types of invalid contracts based on the content of the dispute, the main features of invalid and disputed transactions, the term for appealing invalid transactions and the grounds that caused the contract to be declared invalid. The problems of the ratio of recognition of the contract as null and void as an independent means of protection of civil rights are considered.
 The rapid development of market relations requires the stability of contractual structures, which are ensured by their validity. However, due to various reasons, the transaction may be declared invalid. The fact of the existence of shortcomings provided for by the Civil Code of Ukraine is the basis for applying to the court with the demand to cancel the legal decision that arose as a result of the conclusion of the agreement.
 Within the scope of this article, judicial practice was studied, where from the given examples of court decisions, in some cases, the lack of a unified approach to resolving cases of invalidity of transactions and the application of the consequences of their invalidity is clearly observed, in others, they serve to reinforce the authors' position regarding the application of civil law norms legislation. I. Therefore, in modern conditions, there are many not only theoretical, but also practical problems associated with the unequal application by courts of the same norms of material law when making decisions regarding the invalidity of contracts.
 Based on the conducted research, the authors come to the conclusion that despite the attention to this issue in the literature, as well as the presence of certain conclusions of higher judicial bodies, for the doctrine of civil law there is no unity in the ratio of non-conclusion and invalidity of contracts.