Article title: CONVALIDATION OF DESTRUCTIVE TRANSACTIONS IN THE INTERESTS OF GOOD PARTICIPANTS OF CIVIL TURNOVER OF PROPERTY MANDATORY RIGHTS

Article author: Ushakov Oleg Viktorovich

Number of pages: 16

Contact mail: o.v.ushakov@yandex.ru

Аbout the author:

Annotation:
Given article is devoted to the issues that arise in case of recognition of a void transaction as a valid one. The author suggests to consider bona fide purchasers right to remedy in a broader context. An attempt is made in the article to reason the possibility of healing an invalid transaction as a result of which bona fide assignee takes property interest from the unentitled assignor. Based on the analysis of the content of the sec. 390 of Russian Civil Code the author concludes upon double assignment of the same right the concept of precedence of competing assignees is not always in effect. Under the law the assignee that does not have privilege of priority is exempted from liability providing that the debtor performs his obligation and therefore acknowledges the rights of an assignee under the assignment agreement. Under the sec. 166 of Russian Civil Code misrepresentation of assignee about the unentitled party not always results in nullity of the assignment agreement but rather allows to apply the concept of convalidation.