Журнал ЗАКОН

This article analyses the issue of the influence of the counterparty’s subjective good faith and his ignorance of the viciousness of the transaction on the possibility of stating its insignificance or effective pairing. The author analyses the main structures of invalidity known to the Civil Code, and examines the extent to which the relevant structure can work against a good faith counterparty. The article provides current judicial practice, discusses controversial issues and makes proposals for the development of judicial practice.

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Keywords: invalidity, subjective good faith, protection of trust

The procedural problem of eadem res („case identity“) was well known to Roman jurisprudence, which formulated the well-known principle bis de eadem re ne sit actio. The phenomenon of eadem res occurred when the claim was based on the same legal or factual premises as the claim filed earlier, so that two claims were turned out to be aimed at the same practical result. In such a situation, the legal relationships that are the subject of litigation in two claims externally different in its premises, subject matter or persons, were considered identical in their essence, and therefore the case was considered „one and the same“. This predetermined, according to the views of Roman lawyers, the inadmissibility of a subsequent lawsuit. In recent decades, the complete absence of any normative basis in Russian law in this regard has led the practice of the Supreme Court to develop a principle equivalent to the Roman one, including the fundamental concept of eadem res, on which this principle has always been based. In this article, this path of domestic judicial practice is considered in relation to two types of competition of claims for which the Supreme Court has already formulated its legal positions, namely, competition between a claim for restitution in connection with the invalidity of a transaction and vindication of a thing (the subject of the same transaction) from a third party, who possess it, or a tort claim for damages caused to a legal entity acting as one of the parties to the same transaction, by its body that concluded this transaction. It is concluded that the criterion of alternativeness between two competing claims and the purpose of recognising the offsetting effect of satisfying one of them in relation to the other, adopted by the Supreme Court in developing this principle and the related concept of eadem res, are essentially the same as the Roman ones.

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Keywords: eadem res, Roman law, Russian law, civil law, civil procedure, invalidity of a transaction, restitution, vindication, civil liability, tort obligation, unjustified enrichment

Based on the thesis about the c onceptual inconsistency of the institution of transaction invalidity with the essence and principles of private law and its practical destructive use, the author formulates and substantiates a number of proposals aimed at strengthening the solidity of private rights and the stability of private property law. The company by optimising the practice of applying the norms of § 2 of chapter 9 of the Civil Code.

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Keywords: transactions, invalid transactions, civil life, trade turnover, relativity of legal consequences, restitution, prescription

The article analyses the rules that allow a transaction to be declared invalid if it is made by a person who does not understand the meaning and significance of his actions or is not capable of controlling them (a person who is factually incapacitated). The issue of the importance of a medical expert’s opinion and other evidence confirming the factual incapacity of a person is discussed. A conclusion is made about the need to protect a bona fide counterparty of a person who is factually incapacitated. The article also considers the consequences of recognising a transaction as invalid if the counterparty of such person was not a bona fide person.

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Keywords: factual incapacity, invalidity of a transaction, bona fide, limitation period

The article attempts to determine the ratio of the composition of the invalidity of antisocial transactions under Article 169 of the Civil Code with the nearby invalidity compositions under the rules of Articles 168, 170 of the Civil Code. Based on the analysis of judicial practice, the author identifies seven universally significant values that are subject to protection on the basis of Art. 169 of the Civil Code. The article highlights the categories of disputes that fall under Article 169 of the Civil Code, as well as the procedural features of the consideration of such cases. In addition, the article examines the relationship between restitution and confiscation, which accompany the application of Art. 169 of the Civil Code.

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Keywords: invalidity, transaction, contract, fundamentals of law and order and morality, antisocial transactions

The article is devoted to the analysis of issues related to the application of statutes of limitations to claims for the annulment of assembly resolutions. The author puts forward a number of arguments against the extension of the approach existing in Russian law for void transactions to void assembly resolutions. The article proposes various solutions to the discussed problem: from a complete rejection of the statute of limitations for the claims in question to limiting its application under specific conditions.

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Keywords: assembly resolutions, transactions, nullity, statute of limitations

The article analyses three legal issues related to restitution. Firstly, it assesses the categories of cases in which the clarification by the Plenary Session of the Supreme Court of the Russian Federation regarding a third party’s right to demand restitution, if it is the only means of protecting their rights and legitimate interests, has developed. Secondly, it explores the trend of aligning restitution claims and claims for the return of what was received under a terminated contract. Thirdly, it considers whether the legal regulation of restitution claims can take into account certain provisions of an invalid transaction.

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Keywords: restitution, invalidity, transaction, termination of contract

The paper is intended to pursue the issue of relationship between error and fraud perceived as vices of will within the context of the legal transactions. In the general perspective, both are based upon the principles of individual autonomy and private freedom and in both cases the error that involved a party into a transaction can dramatically influence the validity of the latter. Meanwhile, regardless the common roots and common fundamental principles, each of them possesses its specific features and characteristics, meaningful for the theoretical elaboration of the doctrinal approaches as well as for the practical application of the respective legal provisions. Special attention has been paid to the issue of fraud by act of silence, referred to in the current version of the Civil Code of the Russian Federation as a result of the reforming of its provisions, whereby particular importance attracts the duty of disclosure.

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Keywords: еrror, fraud, vices of will, contracts, transactions, declaration of intension

In the October Legal Chronicle, read the comments on the new law on the regulation of installment payment services, the provisions of the Review No. 2 (2025) of the judicial practice of the Supreme Court on the subsidiary liability of the person controlling the debtor and the grounds for exemption from it, as well as the law on the denunciation of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment 1987, and also about the state of the Russian judicial system and the moral and ethical code of judges.

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Keywords: installment payment, installment service, subsidiary liability, bankruptcy, controlling debtor, Russian judicial system

The article attempts to develop the legal characteristics of the concept of „audiovisual work“, based on which a definition is proposed.

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Keywords: series of images, sequence, movement, form of presenting an idea, characteristics, work, audiovisual work, definition

The article analyses the terms of user agreements of social networks for compliance with the principles of private law (freedom of contract, inviolability of property, equality, judicial protection of rights, good faith, property independence, the inadmissibility of arbitrary interference of anyone in private affairs). The analysis shows that the terms of such agreements do not comply with private law principles, which raises the question of whether social media relationships are private law. The author considers these relations to be private and suggests bringing them into line with the principles of private law, like other civil law contracts with predominantly mandatory regulation aimed at protecting the weak side of the relationship.

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Keywords: social networks, principles of civil law, rights and obligations, public and private law, statute

Thе article undertakes a comprehensive examination of methodological approaches actively debated in Germany and other Western European legal systems, particularly those employed to determine the place of atypical contracts within the framework of contract law. The study aims to identify the advantages and disadvantages of typological and abstract-conceptual modes of legal reasoning, as well as to explore the potential application of the typological approach as a foundation for understanding atypical (mixed and unnamed) contracts in civil law. To this end, the article provides an overview of traditional perspectives on these methodological approaches, presents examples of typological and conceptual reasoning in practice, and discusses the principal criticisms raised against analysing contracts through the lenses of „type“ and „concept“. The study con cludes by affirming the viability of applying the typological approach to the analysis of atypical contracts within the system of domestic contract law.

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Keywords: atypical contracts, conceptual thinking, mixed contracts, mixed donation, typological approach