The concept of an imaginary transaction is contained in civil law, according to which it represents the actions of the parties aimed at creating the appearance of committing actions that are not intended to create any legally significant consequences.
The importance of the process of recognizing a transaction as imaginary lies in the fact that its consequences are negligible. They do not give rise to legally significant events. But this fact can only be established by a court.
Proving the flawed legal relationship between the parties is very problematic. Since the plaintiff will need to provide the court with evidence that, despite the conclusion of the disputed agreement, this did not entail any legal consequences.
The imaginary deal is the essence
The content of an imaginary transaction does not include circumstances that could give rise to, change or terminate specific legal relations.
And this defect is obvious, since it does not have a clear direction during the implementation of actions by agreement between the parties.
For example, in order to avoid foreclosure on property in enforcement proceedings, a citizen allegedly makes a transaction to alienate this property, although in fact he continues to be the owner of such property.
Statute of limitations
Since agreements recognized as imaginary or feigned do not carry any legal force, there is no statute of limitations in this case.
Agreements made in accordance with all the rules and without violations, on the contrary, provide for a specific statute of limitations for filing claims.
In addition, the statute of limitations may change by agreement of the parties, if this is documented, but upward.
Signed documents are valid until the parties fully fulfill their obligations.
What is the invalidity of transactions?
When concluding contracts for the alienation of real estate of this kind, a legal relationship is staged, which does not imply real rights and obligations.
The invalidity of an imaginary transaction can only be recognized when it is put in written or notarial form, otherwise the interested party will not have evidence for this.
There are no legal consequences in the law, since it is impossible to apply, for example, restitution in this case. The parties initially did not actually transfer property to each other, did not receive money for it, but only created the appearance of performing this action expressed in the contract.
Therefore, the consequences of an imaginary transaction entail only its recognition as invalid. What is subject to judicial determination by interested parties.
Distinctive features
How to understand that an imaginary deal has been concluded?
Important! There are several special features of such agreements:
- Citizens who sign such a document impeccably fulfill all legal requirements, from the form to state registration. Moreover, those agreements for which oral form is sufficient are formalized in writing. In addition, transactions are carried out through a notary, even if this is not necessary at all;
- There is an agreement, but its terms are not fully or partially fulfilled. It turns out that there is a paper, everyone agrees with what is written in it, but no one is in a hurry to fulfill these conditions. The fact is that the parties do not need actual legal relations, they only need external appearances;
- Initially, even before the papers are signed, the parties agree that none of the points will be fulfilled. If necessary, they draw up fake documents, acts and other papers to create the appearance of reality of the relationship;
- The hidden purpose of such transactions is illegal. Both parties have their own interest, and after signing a fictitious agreement, this apparently illegal interest will be satisfied.
Claim for recognition of a transaction, imaginary sample
According to the law, not only the parties to the agreement, but also third parties whose interests it infringes can go to court. The list also includes creditors, because through imaginary transactions, debtors often try to divert property from foreclosure under enforcement proceedings as part of bankruptcy proceedings.
In the statement itself, a separate emphasis is placed on the fact that the parties initially did not intend to fulfill the disputed agreement. One of the arguments is the continued use of the property by the former owner despite the existence of the transfer and acceptance certificate. Of course, it is also possible to provide other evidence. The requirement to apply the consequences of an invalid transaction is not put forward, since no actual actions were taken.
A state fee of 600 rubles is paid for filing a claim. The approximate form of the claim itself looks like this. It is easy to adapt to your own situation.
Dubnensky District Court of the Moscow Region
Dubna, st. Kurchatova, 28
Plaintiff: Sergienko Valery Pavlovich
Dubna, st. Krasnoznamenaya, 16, apt. 34
Defendants: Lodygin Alexander Stepanovich:
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Dubna, st. Molodezhnaya, 22, apt. 18
Lodygin Stepan Vasilievich
Dubna, lane. Revolutionary, 9
Statement of claim to recognize the transaction as imaginary (sample)
By the decision of the Dubnensky District Court of the Moscow Region dated September 19, 2020 in case No. 32-19/2020 with Lodygina A.S. in favor of Sergienko V.S. 500,000 rubles were recovered as compensation for material damage caused. At the moment, this decision has entered into legal force and a writ of execution has been issued for it.
By a resolution dated 05/06/2021, the bailiff of the Department of Bailiffs of the OSP for the city of Dubna and the Dubninsky district, D. P. Ivanov opened enforcement proceedings for forced collection of debt.
Meanwhile, the plaintiff learned that on June 2, 2021, the defendant, Lodygin A.S., under a sales agreement, transferred to his father, Lodygin S.V., a Toyota Corolla passenger car, state number a111ХН77.
Sergienko V.S. insists that the mentioned agreement is imaginary in nature and is aimed at infringing on the interests of creditors and preventing foreclosure on the vehicle as part of enforcement proceedings.
So, the above car has still not been registered with the traffic police. In addition, Lodygin A.S. continues to use it and incurs maintenance costs. Finally, most likely, the calculation was not made.
In accordance with Art. 10 of the Civil Code of the Russian Federation, the exercise of civil rights with the aim of causing harm to third parties is not allowed. In addition, according to Article 170 of the Civil Code, a transaction made for show, without the intention of creating any legal consequences, is imaginary and is qualified as invalid (void).
Based on the aforesaid and guided by Article. Art. 10, 170 Civil Code of the Russian Federation, art. 3, 131, 132 Code of Civil Procedure of the Russian Federation,
I ask the court:
1) Invalidate the purchase and sale agreement dated 06/02/2021 for a Toyota Corolla passenger car, state number a111ХН77, concluded between A.S. Lodygin and S.V. Lodygin.
2) The legal costs shall be borne in full by the defendants.
Applications:
1) Postal receipts for sending copies of the claim to the second party.
2) Evidence of payment of state duty.
3) Copies of the decision of the Dubnensky District Court of the Moscow Region dated September 19, 2020 in case No. 32-19/2020 and the writ of execution.
4) Resolution on the opening of enforcement proceedings dated 05/06/2021.
Plaintiff Sergienko V.S.
What to consider
Actions to recognize a transaction as fictitious should be carried out not only by going to court, but also by initiating criminal sanctions against unscrupulous citizens who commit, in fact, fraudulent actions. To do this, you need to write a report to the police about fraud.
The vagueness of the wording in the legislation allows unscrupulous citizens to find loopholes and evade responsibility. To have a real chance of winning the case, the plaintiff should develop an action plan that takes into account the defendant’s possible arguments and prepare counterarguments.
How to best prepare for court
A claim to declare a transaction imaginary - invalid (void) must be entrusted to lawyers, since unraveling the collusion of potential defendants in a claim seems to be a complex process.
By contacting a lawyer, you can obtain the necessary explanations regarding the actions taken under an imaginary transaction and prepare an evidence base. Taken together, this can serve as weighty circumstances for the court and provide a great chance of winning the case.
A statement of claim for declaring a major transaction invalid (void) and applying the consequences of its invalidity must be based on specific events indicating the purpose of its completion.
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It will also be important to establish the real fact of the occurrence or not of the legal consequences pursued by the defendants. And only when the court clarifies all the circumstances of the case will it facilitate a fair decision.
Below is a form for a statement of claim to invalidate a fictitious transaction, which has been prepared taking into account the latest changes in civil legislation.
a claim to recognize a transaction as imaginary void is possible free of charge and without registration.
Admissible Evidence
Before filing a claim for an imaginary transaction, it is necessary to carry out serious preparatory work, namely, to collect an evidence base. It is quite difficult to prove in court a transaction that is in fact invalid, even though others know about it.
In the interests of the plaintiff, it is necessary to collect evidence so that the parties who entered into this transaction do not guess in advance about the upcoming showdown. Otherwise, they will have a chance to make the deal legal.
The evidence base usually includes correspondence between the parties, audio files, video materials, and witness statements. Also, confirmation of the fact specified in the claim will be written evidence stating that the property remains the same owner.
In this situation, it is important to know and understand who the owner of the property is and what rights he has according to Art. 209 of the Civil Code of the Russian Federation.
The owner is a citizen who has the right to own, dispose and use the property that belongs to him.
A citizen has the right to do whatever he wants with his property, but only if it does not contradict the rules of law and other legal acts.
Recognition of a fictitious transaction: popular questions
There are many grounds on which you can challenge an agreement or other transaction. For example, in civil law there is such a category as imaginary transactions. They are understood as actions committed “for show” and without any consequences.
Imaginary transactions should be distinguished from feigned ones. The latter masks other relationships between the parties. For example, a housing gift agreement often covers the relationship of rent with lifelong maintenance.
In practice, it is often difficult to prove the sham of a transaction. Therefore, the initiator of invalidation of the contract has to make significant efforts to do this. Below we provide answers to some questions from our users.
Apartment donation agreement
My mother-in-law issued a deed of gift for the apartment to her husband. However, I learned that my husband transferred our common savings in return. How can I prove that the gift agreement was imaginary?
It is possible that the money was simply transferred free of charge. In addition, this apartment will not be subject to division during a divorce.
Ksenia, Moscow.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
Ask a question
There are several arguments that will help you challenge a gift agreement in court. For example, if common family money was kept in a bank, you can take a statement of the flow of funds in the current account. Study the text of the deed of gift carefully. If the spouse has any counter-obligations under it, such a transaction cannot be considered a gift. This argument can also be used to prove your position in court.
Selling a car
I was injured in an accident and the culprit was identified almost immediately. A claim for damages followed on my part. At the same time, I wrote a petition to take measures to secure the claim by seizing the defendant’s property.
However, it turned out that shortly before going to court, the person responsible for the accident sold the car to a relative, continuing to drive it. Is it possible to challenge such an agreement?
Vitaly, Balashikha.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
Ask a question
In principle, this lawsuit has prospects. Such arguments can be put forward in court. For example, it is permissible to request the buyer’s driver’s license. If they do not exist in nature, then this is a weighty argument in favor of the sham of the transaction. It would also be useful to check the fact of transfer of money. The absence of a receipt or other payment document will also indicate that the transaction is sham.
Loan subject to transfer of real estate
I entered into an agreement with one of the structures to receive money under attractive conditions. However, my husband saw in it the conditions for transferring the apartment. What should I do in such a situation?
Anastasia Vnukovo.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. We recommend! Claim for declaring a transaction invalid due to its insignificance sample, procedure and deadlines
More than 19 years of experience. Ask a question
In your case we are talking about a sham transaction. Fraudsters in the real estate market often do this when they want to take possession of an apartment or other real estate. Therefore, it makes sense to immediately contact the police with a criminal complaint regarding fraud. In addition, a lawsuit should be filed to declare the contract invalid. Indeed, due to legal requirements, such an agreement may be considered void.
Salary debts
I came across such an unusual situation. I worked for a company that owed me several months of wages. To solve the problem, the administration offered me to draw up a loan agreement for the appropriate amount. Is this option legal?
Sergey, Moscow.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
Ask a question
Most labor relations are not subject to civil law. But it is better to refuse to sign the deal. It will be imaginary, since you did not transfer the money to the employer. Therefore, the administration deliberately offers this option to avoid problems with the prosecutor’s office, labor inspectorate, and other authorities. At the same time, you can file a claim to collect debt for wages and other payments. It does not require payment of state duty, since it is associated with the restoration of labor rights.
Bank claims
I have an overdue loan with one of the financial institutions. The amount of debt accumulated was considerable. Can I now conclude an agreement to donate an apartment in favor of my daughter in order to protect the property from foreclosure?
Tatiana Korolev.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
Ask a question
If the apartment is not pledged, then you can dispose of it without any restrictions. The risk that the bank will want to challenge the deed of gift due to its sham nature is still present. To minimize possible troubles, you should immediately re-register ownership of your daughter. This can be done through the Rosreestr authority or the nearest multifunctional center.
