Grounds for invalidating a contract: what you need to know

Conclusion of contracts is an integral part of modern life. They regulate a wide range of legal relations, from the purchase and sale of goods to cooperation between companies. However, not all contracts are valid. Sometimes there are situations when the contract can be declared invalid.

Grounds for invalidating the contract

The civil legislation of Ukraine defines several grounds for declaring a contract invalid. They can be divided into two groups:

1. Illegal acts:

• Contradiction of legislation. A contract that contradicts the norms of current legislation is invalid from the moment of its conclusion. For example, a contract for the sale of narcotics or weapons.
• Lack of legal personality. A contract concluded by a person who does not have legal personality (for example, a deceased person) is illegal.
• Inability. A contract concluded by an incapacitated person (for example, a person with mental disorders) is illegal.
• Fictitious deed. A contract that does not aim to create legal consequences, but only conceals another deed, is invalid..

2. Disputed deeds:

• Inability. A contract concluded by a person with limited legal capacity (for example, a minor) may be declared invalid at the request of his legal representatives.
• Threat, violence, deception. A contract concluded under the influence of threats, violence or deception may be declared invalid at the request of the injured party.
• Dishonest behavior. A contract concluded under conditions that clearly do not correspond to counter-obligations may be declared invalid at the request of the injured party.
• The need to protect the rights of others. A contract that violates the rights and legitimate interests of third parties may be declared invalid at the request of these persons.

What makes the contract invalid?

Recognizing the contract as invalid has a number of important consequences:

1. Restoring the previous state. The parties to the contract are obliged to return to each other everything that they received under the contract, in the state in which it was at the time of concluding the contract.
2. Compensation for damages. The party that suffered losses as a result of the invalidity of the contract may demand their compensation from the other party.
3. Prevention of negative consequences. Recognizing a contract as invalid can help prevent negative consequences that could arise as a result of its implementation.

Consult a lawyer

How to avoid invalidating the contract?

In order to protect yourself from invalidating the contract, it is recommended to consult a qualified lawyer before concluding the contract. A lawyer will help you draw up a contract that will meet all the requirements of the law. It is important to make sure that all parties to the contract have legal capacity, because incapacitated persons (for example, minors, people with mental disorders) cannot enter into contracts on their own. By seeking qualified legal assistance and following these recommendations, you can significantly reduce the risk of invalidating the contract.

How can the lawyers from "Prykhodko and Partners" help to check and invalidate the contract?

Lawyers of the legal company "Prykhodko and partners" have a lot of experience in cases of invalidity of contracts. We will help you:

1. Analyze your contract and determine whether there are grounds for invalidating it.
2. Collect the necessary evidence to confirm the invalidity of the contract.
3. Draw up and file a lawsuit to declare the contract invalid.
4. Represent your interests in court.
5. Obtain a court decision declaring the contract invalid.
6. Execute the court's decision.

By contacting the lawyers of "Prykhodko and Partners", you can be sure that you will receive qualified legal assistance and protection of your rights.

To make an appointment for a detailed consultation and to calculate the price of invalidating the contract, fill out the form below.