Rounds for Invalidity of a Transaction Made under the Influence of Violence or Threat

Abstract

The analysis of judicial practice, normative legal acts and doctrinal sources allows the authors to identify the grounds for invalidating a transaction made under the influence of threat or violence. The article examines the concept of threat in doctrine and in judicial practice, and also provides a detailed analysis of what courts understand by the commission of violence when considering such cases. The lack of a clear line between the two types of these transactions on the basis of the presence and compliance of the will with the expression of will, complicates the activity of the courts in the administration of justice on this issue. The authors provide a list of certain criteria that can contribute to a more objective consideration by the courts of claims for recognition of transactions made under the influence of threat or violence as invalid. The article also draws attention to the relationship between criminal and civil legislation on this issue, thereby illustrating the importance of a verdict in a criminal case for the court to decide a case in civil proceedings. According to the results of the study, taking into account the importance of this institution for civil turnover, the authors concluded that the concepts of threat and violence in transactions, clear criteria for determining these offenses, as well as grounds for recognizing such transactions as invalid, need to be normalized in Russian civil law. Moreover, it is proposed to introduce and develop new rules and regulations governing the complex relationships of participants in such transactions, based on the characteristics of the psychological connections between them, as well as the difficulty of proving the illegal actions of the offender in this process.