THE GENESIS OF THE DEVELOPMENT OF TRANSACTIONS CONCLUDED AS A RESULT OF DEFECTS IN THE LEGAL CAPACITY

Abstract

The article analyzes transactions, the procedure and conditions for their conclusion, the grounds for recognizing transactions as invalid. This relationship is explored by comparing the two legal systems, to what extent they are allowed in ancient Roman law and Islamic law. Particular attention is paid to the issues of restitution, the legal consequences of transactions concluded by persons with disabilities or incapacity. It also analyzes the issues, grounds and consequences of invalidation of agreements concluded by persons who do not understand the importance of their actions, as well as various approaches of scientists in this regard. The article examines changes in the institution of contract at the stages of development of Roman law, as well as differences in the invalidity of contracts in four sects of Islam and the procedure for their cancellation. In addition, the participation of women and minors as parties to the agreement was reflected. It also discusses the means of evidence used to invalidate an agreement in Islamic law, and provides definitions of confession, testimony and oath. It also addresses the issues of appointing a guardian or curator in relation to people with disabilities.