THE PRINCIPLE OF «ESTOPPEL» AS AN ELEMENT OF CONVALIDATION OF INVALID TRANSACTIONS

Abstract

The article examines the concept of the doctrine of «estoppel», which plays one of the leading places in the procedure of «healing» of invalid transactions, given its manifestation in the principle of good faith - one of the foundations of civil legislation. The relevance of scientific research lies in the absence of a normative interpretation of both the principle of «estoppel» and the concept of «convalidation» of invalid transactions, which makes it necessary to focus special attention on the synergy of these two legal categories. The research examines the scientific positions of scientists and judicial practice in order to clarify the possibility and expediency of applying the principle of «estoppel» in the process of convalidating an invalid deed. From this position, the author shares the opinion that the principle of «estoppel» in the convalidation of invalid transactions is used in the material and procedural dimension: compliance with the principle of good faith and prohibition of abuse of procedural rights. It has been established that the doctrine of «estoppel» in its combination with the convalidation of invalid transactions is a principle that prohibits the party to the transaction from referring to the grounds of invalidity, if when concluding the transaction and accepting it for execution, all actions or inaction (silence) of the parties testify in favor of legality and validity a deed arising from the principles of good faith. The author came to the conclusion that the use of the doctrine of «estoppel» in the convalidation of invalid transactions is intended to prevent the refutation of validity in order for the participants to obtain legitimate results from the concluded transaction. Considering the fact that Ukrainian legislation does not know the term «estoppel», it is proposed to use this doctrine in its international legal meaning, which is understood as the Roman maxim «venire contra factum proprium» (prohibition of contradictory behavior).