DISPUTED AND VOID TRANSACTIONS: A NEW CLASSIFICATION

Abstract

The article examines the significance of transactions, which are an important institution of civil law of the Republic of Uzbekistan, the role of free will and expression of will in recognizing them as void, and an analysis of the classification of transactions based on their invalidity. The article also presents a new classification of invalid contracts, which is recommended to be regarded as an abstract principle rather than a casuistic. Several arguments are provided to justify the developed classification, reflecting suggestions for improving the current civil legislation. The main reason for dividing invalid contracts in civil law into disputed and automatically void contracts is to distinguish their consequences. However, after analyzing theory and practice, the author attempts to prove that this important basis is insignificant. Additionally, the article discusses the specific nature of the void of contracts, the subject of proof in each case of void (composition), the position on the statute of limitations, the circle of persons who have the right to file a claim, individuals who have the right to demand the automatic invalidation of the contract in the claim, and others. In the article, the methods of comparison, analysis-synthesis, and system analysis were widely used.