Khatniuk, Nataliia and Pobiianska, Nelli (2023) Separate legal grounds of recognition economic obligation invalid Колективна (три і більше авторів). International security studios: managerial, economic, technical, legal, environmental, informative and psychological aspects. International collective monograph. GNGO «International Educators and Scientists Foundation», Грузія, Georgian Aviation University, Тбілісі.
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Abstract
In the scientific work, the authors researched such separate disputed legal grounds for declaring the economic obligation invalid as: deception, mistake, influence of difficult circumstances and unfavorable (bond) conditions; malicious agreement of the representative of one party with the counterparty; violation of form; Exceeding the powers of an authorized person on behalf of a business entity. Peculiarities of the relationship between the will and the expression of will of economic entities when concluding contracts, as well as such legal categories as "malicious agreement of a representative" and "exceeding the powers of an authorized person on behalf of an economic entity" have been analyzed. Such legal forms of concluding a business contract as electronic, simple and complex written forms of the contract are disclosed, the violation of which is the basis for declaring the business obligation invalid. The procedure for using the full written form of the business contract as a single document signed by the parties and the abbreviated written form in the form of a set of letters, telegrams, faxes and other documents exchanged by the parties in the process of establishing a contractual relationship, if the content of these documents indicates the intentions of the parties, was studied enter into contractual relations and agree on the essential terms of the contract. The main characteristics of the concept of fraud and error as grounds for invalidating a business obligation are analyzed, and a new understanding of these concepts is proposed and the features that demarcate these legal categories are outlined. It has been found that there are no definitions of an economic contract concluded under the influence of deception or error in economic legislation, which necessitates the need to outline the definitions of the concepts of "error" and "deception" in economic contractual relations and outline their characteristic features. The different views of scientists regarding the understanding of difficult circumstances and unfavorable (binding) conditions in business obligations as grounds for invalidating a contract have been studied, and the provisions of the current legislation contain ambiguous approaches to the interpretation of the conclusion of a contract by a business entity under onerous and unfair conditions. It is proposed to define in the economic legislation an exhaustive list of difficult circumstances and unfavorable conditions for economic entities when concluding a contract, as grounds for declaring an economic obligation invalid.
Item Type: | Monograph (Колективна (три і більше авторів)) |
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Uncontrolled Keywords: | conditions of validity of the contract; grounds for invalidity of the contract; legal grounds for recognizing an economic obligation as invalid; conditions of the contract; deception; error; fictitiousness; affectedness; binding terms of the contract; bondage; coincidence of difficult circumstances; malicious agreement of the representative; excess of authority by an authorized person; contract form; violation of the form of the contract; illegal terms of the contract |
Subjects: | Це архівна тематика Київського університету імені Бориса Грінченка > Монографії > Видані в Україні |
Divisions: | Це архівні підрозділи Київського університету імені Бориса Грінченка > Факультет права та міжнародних відносин > Кафедра публічного права |
Depositing User: | Наталія Сергіївна Хатнюк |
Date Deposited: | 21 Apr 2023 14:32 |
Last Modified: | 08 Jan 2024 12:03 |
URI: | https://elibrary.kubg.edu.ua/id/eprint/44866 |
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