Fraudulent act: problems of legal application

Abstract

Introduction. In recent years, in the national doctrine of civil law, as well as in the judicial practice of Ukraine, there has been an expansion of features of the invalid transactions, in particular, a relatively new concept of "fraudulent act" has appeared, as a transaction aimed to harm the creditor. The paper is devoted to study content of the concept of fraudulent acts and determination of their characteristic features, the consequences of invalidating such transactions. Attention is drawn to the fact that the lack of consolidation the concept of a fraudulent act in the regulatory acts of Ukraine leads to different approaches in the interpretation of the concept of fraudulent act, which is followed, first of all, in court decisions. The purpose of the paper is to research perspectives for development and improvement of legal regulations in the area of invalidating transactions, as well as to develop proposals regarding the implementation of the concept of a fraudulent act to the rules of the civil legislation of Ukraine. Results. Based on the analysis of numerous judical practices, the concept of a fraudulent act is formulated through the prism of the general principles of civil legislation and the limits of the exercise of civil rights. Also defined the main characteristic features of such transactions are defined. It is emphasized that fictitious and fraudulent transactions have common features, but they differ in their purpose and consequences. The pudlication argues that the main purpose of concluding a fraudulent act is to cause damage to the creditor and prevent enforcement of the debtor's property. Conclusion. The paper grounds necessity to consolidate the definition of a fraudulent act in the Ukrainian legislation and to form a united concept in legal approaches to determining the grounds for recognizing fraudulent acts as invalid.