FEASANCE OF TRANSACTIONS MINOR PERSONS WITHOUT CONSENT OF PARENTS (ADOPTERS) OR TRUSTEE

Abstract

Problem setting. The article is detailed consideration and analysis of terms of confession invalid such transactions; terms, when such transactions is actual, and also in relation to the possible consequences of confession of them invalid.Analysis of resent researches and publications. The following scientists were engaged in research of the specified question: Andreev E.P., Gutnikov O.V., Kuznecova L.G., Osipova S.V., KhatnyuK N. S., Kheyfec F. S., Shevchenko Ya. M. Shiminova M. Ya.Article’s main body. First of all, it follows to consider grounds, at presence of what transactions, perfect minor outside them civil capability, can be acknowledged invalid. In obedience to the norms of CC of Ukraine such transactions it can be acknowledged invalid in such cases: 1) an output a minor person is outside a civil capability; 2) a previous consent or next approval of parents (adopters) or trustees absents to the feasance of such transactions; 3) handed in an application of legal representatives in a court about confession of transactions invalid.A civil legislation selects the row of transactions, which can be acknowledged invalid for lack of consent of the third persons to their feasance. These transactions have all one general sign: for their reality not only will of sides of this transactions but also will of the third persons which are not the sides of transactions is needed. Exactly on this sign legal transactions that is perfect without the consent of the third persons differ from other contested legal transactions, as in them the grounds of unreality are absence or vices of will of parties of legal transaction. It costs to notice that the exhaustive list of grounds for challenging of legal transaction of CC of Ukraine does not fasten. Conclusions and prospects for the development. The renewed format of civil legislation, undoubtedly, needs approval. However it costs to understand that separate norms still are not written clearly enough and simply, and besides some questions need conceptual, but not only legislative revision. For this reason consider it necessary in future to bring in corresponding changes to the norms of the Civil code of Ukraine with the aim of bringing him over in accordance with realities of present time.