LEGAL CONSEQUENCES ОF INVALIDITY ОF DEEDS: RESTITUTION ОR CONDITION?

Abstract

The article analyzed the legal consequences of invalidity of deeds, in particular restitution and conditioning. It is noted that according to established judicial practice, restitution and condition are distinguished as independent methods of defense. Restitution is applied in cases where the property is owned by the party to the invalid deed (contract). A conditional demand is declared if its subject is a thing defined by generic features, and the addressee of such a demand is a person (acquirer) with whom the victim was not in contractual relations. At the same time, vindication is used as a method of defense. A vindication lawsuit is filed in the case of a claim for a thing, determined by individual characteristics, from a person who is not a party to an invalid deed. However, this approach does not make it possible to effectively defend the violated rights of the parties to an invalid deed and requires coordination of the provisions of Art. 216 and Art. 1212 of the Civil Code of Ukraine in order to ensure the unequivocal determination of the legal consequences of invalidity of the deed. It is concluded that the wide application of restitution as a consequence of the recognition of the deed as invalid is rather a tradition in the field of civil rights defense, since, according to formal signs, the return to the previous state is part of other ways of defending civil rights, in particular, vindication and condition. Vindication should be applied in the case of the return of a thing, determined by individual characteristics, in kind. The rules regarding unjustly acquired property should be applied in the case of the impossibility of returning the thing or the return of other property goods and rights obtained as a result of an invalid deed. Therefore, in the process of recodification of the Civil Code of Ukraine, it seems appropriate to abandon the model of restitution in favor of the condition as a universal way of protecting civil rights.