Nullity of public auction is in judicial practice

Authors

DOI:

https://doi.org/10.21564/2414-990x.130.53785

Keywords:

недійсність, недійсність правочинів, недійсність публічних торгів, підстави недійсності публічних торгів, публічні торги

Abstract

Problem setting. Nullity is the enough widespread phenomenon in a civil law. The analysis nullity determines a requirement in finding out nullity of public auction is in judicial practice. Recent research and publications analysis. To the analysis nullity of public auction, in particular, such researchers applied as Кrаt V.I., Romanyuk Y.M., Spasybo-Fatieieva I.V. Paper objective. Intensive application in the modern terms of public auction, in particular, at the appeal of penalty in an executive production, stipulated both in a doctrine and in judicial practice far of problems (for example, in relation to understanding of public auction, admission of confession nullity of public auction, and grounds for such nullity). Paper main body. In the article is investigated nullity of public auction in judicial practice through the prism of understanding public auction, admission of confession nullity of public auction and grounds for such nullity. Conclusions of the research. Drawn conclusion, that at the level of judicial practice was essentially formed the separate method of defence – confession nullity of public auction. Admission of existence and application of confession nullity of public auction (as a method of defence unforeseen nor by law, nor by agreement), is finding out of his efficiency for the protection broken civil rights and interests and establishment or he will provide their renewal.

Author Biography

В. І. Крат, Yaroslav Mudryi National Law University

Candidate of Juridical Sciences, associate professor, associate professor of civil law department № 1

Published

2015-11-17

How to Cite

Крат, В. І. (2015). Nullity of public auction is in judicial practice. Problems of Legality, (130), 105–112. https://doi.org/10.21564/2414-990x.130.53785

Issue

Section

Civil law and civil procedure; economic law