CIVIL LEGAL CONSEQUENCES OF RECOGNITION OF А INVALID JURISTIC ACT: ARE CHANGES NEEDED?

Abstract

The author assesses the current state of legal regulation of civil legal consequences of invalidating a juristics act, criticizes the existence in the Civil Code of Ukraine of such legal consequences of the invalidity of а juristics act as compensation for damages and moral damage. The author provides an analysis of the historical development of the legal regulation of the legal consequences of invalidating a juristics act in the legal system of the Ukrainian SSR and Ukraine, and also provides an overview of the legal consequences of invalidating a juristics act according to the civil codes of foreign countries (Germany, Austria, Italy, the Netherlands, etc.). The article compares the rules of restitution and condiction depending on their legal nature, purpose and in the context of determining the legal consequences of invalidating a juristics act. The author, relying on modern legal regulation, advocates the opinion that the compensation by the guilty part of the act to the other part for damages and moral damage, can be applied as a civil-law consequence of declaring the deed invalid only as an additional requirement to restitution, such which is subsidiary in nature. This is possible in those cases when restitution does not ensure full restoration of the violated right of the part to the act. It was also concluded that in judicial practice, cases of combining restitution and compensation for damages and moral damage, as well as the combination of restitution and condition, occur infrequently, the reason for which is the cumbersomeness of the construction proposed by the legislator and its unconvincing logic. The author draws attention to the fact that it is worth thinking about the real purpose of restitution, which is the return of the parties to the act to their original legal status in connection with the recognition of the act as invalid, which is based on the idea of the inadmissibility of receiving benefits without a legal basis, and concludes that the return of property due to the fact that the legal basis on which it was acquired later disappeared, it is a classic goal of condiction. As a result of the conducted research, the author substantiates the expediency of introducing the condition in Ukraine as a legal consequence of recognizing the deed as invalid.