Arxiv
Elmi iş - 2024
Aysel Intigam Garayeva
Baku State University
master
garaevaaisel@gmail.com
“THE DEATH” OF CONTRACTS AS A RESULT OF VOIDING: VOID OR VOIDABLE?
Summary
Parties conclude a contract for creation and termination of contractual rights and obligations as the existence of a contract ensures parties to face unexpected situations. A valid contract means it is legally binding and enforceable and the formation of a legally binding contract must entail some essential and basic elements. But in some cases, even though the contract meets all basic elements for its validation it can be invalid. If a contract is invalid, it will be annulled from the very beginning, therefore the invalidity has a retroactive effect. Some defects render a contract void, while others make it voidable. This article clarifies types of invalid contracts on the basis of the element of dispute, main characteristic features of void and voidable contracts, dispute period in invalid transactions and grounds that lead to voiding a contract.
Key words: defects, the death of contracts, void contracts, voidable contracts, invalidity, grounds for voiding
Baxış: 1039