| Popis: |
The author considers in detail the grounds for the nullity of a transaction, related to the defect of its content, in Uzbek and German law. Despite the fact that the Uzbek legal regulation of invalid transactions is closest to German law, and it was on the norms of the German Civil Code that the legislator largely relied when reforming domestic civil legislation, there are significant differences in the enforcement of the rules governing the nullity of transactions with a defect in content in Uzbekistan and Germany. The conducted comparative legal analysis made it possible to identify common and differing characteristics in the regulation of individual compositions of void transactions in Uzbek and German legislation. Much attention is paid to the consideration of the prerequisites and conditions for the nullity of transactions in connection with their substantive defects in the law of Uzbekistan and Germany. Based on the results of a study based both on the norms of legislation and on the doctrinal views and law enforcement practice of both countries, such components of invalid transactions as illegal transactions (transactions that violate the requirements of a law or other legal act, in the Civil Code of Uzbekistan, and transactions statutory prohibition, in the German Civil Code), anti-social transactions (transactions made with a purpose contrary to the foundations of law and order and morality, in the Civil Code, and transactions contrary to good morals, in the German Civil Code), imaginary transactions in German law and imaginary and feigned transactions in Uzbek law. Differences in the legal regulation of void transactions in Uzbekistan and Germany are revealed, manifested both in different prerequisites and conditions, the observance of which is necessary for the nullity of a transaction, and in completely different regulation of certain compositions of invalid transactions (for example, enslaving transactions). The results of the study showed that the German law enforcement practice is characterized by a more active use of evaluation criteria in establishing the nullity of transactions compared to the Uzbek judicial practice. |
