Counterclaim to recognize the transaction as imaginary. Sample statement of claim for invalidation of a fictitious transaction

Document section: Sample documents, Statement

In the _______________ district (city) court of the _______________ region (region, republic) plaintiff: ___________________________________ (surname, initials)

Defendant 1: ______________________________ (last name, initials)

Address: __________________________________, telephone: ___________, E-mail ____________.

(option: defendant 2: ____________________ (last name, initials)

Address: ___________________________________, telephone: ___________, E-mail ____________)

STATEMENT OF CLAIM

on declaring an imaginary transaction invalid (void)

and application of the consequences of its invalidity

"___"___________ ____, a purchase and sale agreement was concluded between me and the defendant for a real estate property located at the address: ___________________________________________________.

At the same time, the defendant, when concluding the agreement, did not intend to create the corresponding legal consequences, which is confirmed by: _____________________________________________________.

The above circumstances give grounds to assert that the defendant, when concluding a real estate purchase and sale agreement with me, intended to __________________________________________. Under such circumstances, the transaction is subject to recognition as invalid (imaginary) on the basis of Article 170 of the Civil Code of the Russian Federation.

(option:

"__"_________ ____ the defendants entered into a deal for ____________________. At the same time, they signed agreement No. _____. The essential terms of such an agreement were: ___________________________. To create the appearance of execution of the transaction, the defendants performed actual actions: transferred property, drew up the necessary documents, _____________ (etc.).

At the same time, the defendants transferred property and executed documents without the intention of creating legal consequences corresponding to the transaction, which is confirmed by: _____________________________________________.

The above circumstances give grounds to assert that the defendants intended to _________________________________________. Under such circumstances, the transaction is subject to recognition as invalid (imaginary) on the basis of Article 170 of the Civil Code of the Russian Federation.)

Based on the above, guided by Articles 167 and 170 of the Civil Code of the Russian Federation,

I ASK:

Recognize the transaction on _____________________________ dated "___"________ ___, N ______ between me and the defendant (between the defendants) as invalid (imaginary) in connection with _______________________________________.

Apply the consequences of an invalid (void) transaction in the form of the parties returning everything received under the transaction (if it is impossible to return what was received in kind (including when what was received is expressed in the use of property, work performed or service provided) - reimburse its value in money - if other consequences of the invalidity of the transaction are not provided for by law).

Applications:

Copy of the agreement dated "___"__________ ____ N ____;

Evidence of the sham of the transaction;

A document confirming payment of the state fee (receipt);

A copy of the statement of claim;

Other written evidence in the case: ___________________________.

The original documents attached in copies will be presented at the court hearing.

Plaintiff (representative) __________________ (signature)

"___"_________ ____ G.

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In this case, the following should be distinguished as part of a sham transaction:

the actual sham transaction, executed to disguise the real transaction (covering transaction);
transaction actually carried out (covered transaction).

The cover transaction is void, and the cover transaction must be separately assessed for validity from the point of view of the legislation applicable to the relevant civil law relations. What is a sham transaction under the Civil Code of the Russian Federation - examples? The defendant is obliged to return to me everything received under the void transaction. Based on the above, guided by Articles 131-132 of the Civil Procedure Code of the Russian Federation, I ask:

Recognize the transaction (indicate what the transaction is about) from " " g.

Attention

In accordance with Article 170, a sham transaction, that is, a transaction that is made to cover up another transaction, is void. Claim for a sham transaction Signs of invalid transactions Sham and sham transactions have several common features:

unlike other types of invalid transactions, imaginary and feigned transactions are concluded by capable citizens: consciously and voluntarily (if only one party to the agreement has dishonest intentions, and the second is misled, then such a transaction is qualified as fraud and is considered according to other standards);
the signed agreement appears to comply with the law in form and content;
the true will of the parties entering into a transaction is distorted, does not correspond to the form of the transaction, and is often illegal.

These are similar features of imaginary and feigned transactions, also called “transactions with vice of will.”

In view of the fact that we are talking about my property, the ownership of which is protected by law, I believe it is possible to recognize the transaction concluded between me and the defendant as invalid. Considering the above, in accordance with the requirements of Articles 166, 167, 170 of the Civil, 131, 132 of the Civil Procedure Code of the Russian Federation, I ASK: 1.
Invalidate the transaction concluded in 2020 between (full name of the plaintiff) and (full name, address of the defendant) according to which (indicate the property transferred and acquired by the plaintiff). 2. Oblige to return (full name, address of the defendant) transferred under the transaction (indicate property, funds in full).

Attachments: 1. Copy of the statement of claim; 2. Receipt for payment of state duty; 3. A document confirming the conclusion of the transaction; 4. Documents confirming the presence of signs of another transaction.
5. Other documents confirming the plaintiff’s arguments.

Statement of claim to recognize the transaction as sham

Important

an agreement was concluded (indicate what the agreement is about) in relation to (indicate property).

Info

Subsequently, I learned that the defendant, when concluding the contract, was covering up another transaction. His actions were aimed at (indicate the grounds for recognizing the transaction as sham).

In accordance with Article 170, a sham transaction, that is, a transaction that is made to cover up another transaction, is void.

What should a claim for sham transaction look like?

Moreover, the first transaction, as having no basis, is always invalid (void), and the validity of the second transaction is assessed from the standpoint of the rules of law applicable to it. 2. Imaginary and feigned transactions refer to transactions with defects of will, since the will of the parties, put in proper form, diverges from their inner will.

As is known, transactions involving vices of will are mostly voidable. In particular, in relation to a covert transaction, the Judicial Collegium for Civil Cases of the Supreme Court of the RSFSR explained that “sham transactions can be confirmed by all available means of evidence, including testimony.

The civil procedure legislation does not provide for any exceptions on this issue” (Bulletin of the Supreme Court. 1991. No. 11).
A sham transaction, that is, a transaction that was made to cover up another transaction, is void. To a transaction which the parties actually intended, taking into account the substance of the transaction, the rules relating to it apply. All of the above donation agreements were made by me without the intention of creating the legal consequences characteristic of them, but only to evade possible liability in connection with the bankruptcy of OOO "". Moreover, at the time of concluding the donation agreements, my son and I came to an agreement on the subsequent transfer of ownership to me land plots, but to date this has not happened. I, in good faith believing that the land plots would be returned to my ownership, built a house on one of them, which my son, without my consent, registered as property.

Imaginary and feigned transactions

of the Civil Procedure Code of the Russian Federation, is determined based on the value of the claimed property. What should a claim for sham of a transaction roughly look like? Contents:

Statement of claim for invalidation of a sham transaction
Imaginary and feigned transactions
How to prove the sham of a purchase and sale transaction
Statement of claim to invalidate a sham transaction
What is a sham transaction under the Civil Code of the Russian Federation - examples?
Sham gift deed
An error occurred.

Statement of claim to invalidate a sham transaction It is no secret that sometimes the purchase and sale of restricted or withdrawn items is disguised in this way.

At the same time, both parties are very well aware of the sham of the transaction.

At the end, you must formulate your demands: “I ask the court to recognize this transaction as invalid and...” Also, the application must contain a list of documents that the plaintiff attaches to the claim as a substantiation of his claims. Limitation period A person who was a party to the transaction has the right to challenge its consequences within three years.

The period is counted from the moment the terms of the transaction are fulfilled. If the claim is filed by a person who was not a party to the transaction, but it affected his interests, the period increases to 10 years.
It begins to flow from the time when the plaintiff learned or should have learned about the beginning of execution of the terms of the transaction. An example from judicial practice: a purchase and sale agreement was declared invalid Citizen Kaygorodtsev A.
N. appealed to the court with a request to declare the purchase and sale agreement concluded between him and his daughter-in-law, Kaygorodtseva I.G., invalid.

Claim to invalidate a sham transaction

Such claims are of a property nature; accordingly, the price of the claim is equal to the amount of the claim. Depending on it, the state duty is calculated. The jurisdiction of the claim is determined by the same value of the claim. If it is less than 50 thousand rubles, then the claim is addressed to the magistrate, if more, then to the district court. B (Name of the court, address) Plaintiff (full name, telephone, address) Defendant (full name, telephone, address) Cost of the claim (Full amount of claims) Statement of claim to invalidate the sham transaction " " " " 20 years between (full name . plaintiff) and (full name, address of the defendant) a transaction was made on (indicate the subject of the transaction), which is confirmed by the following documents (indicate details of the agreement, other document). As a result of the transaction, I, (full name of the plaintiff), acquired (indicate the property, rights that the plaintiff received under the transaction), and also transferred (full name of the plaintiff)
Statement of claim for recognition of a sham transaction as invalid. Civil legislation refers to a sham transaction as invalid transactions. In view of the fact that we are talking about my property, the ownership of which is protected by law, I believe it is possible to recognize the transaction concluded between me and the defendant as invalid. Taking into account the above, in accordance with the requirements of Articles 166, 167, 170 of the Civil, 131, 132 of the Civil Procedural Code of the Russian Federation, I ASK: 1. To invalidate the transaction concluded " " " " 20 year between (full name of the plaintiff) and ( Full name, address of the defendant) according to which (indicate the property transferred and acquired by the plaintiff). 2. Oblige to return (full name, address of the defendant) transferred under the transaction (indicate property, funds in full). Attachments: 1. Copy of the statement of claim; 2.

Claim for sham transaction

Legal consequences and liability in case of recognition of a transaction as invalid. The conclusion of imaginary and feigned transactions in itself is not criminally punishable. That is, Russian legislation does not provide for any specific “punishment” such as a fine or imprisonment just for the very fact of conducting an insignificant transaction. But the interested party can appeal the application of their consequences in court. Sham and imaginary transactions are not punishable, but are recognized as invalid. It should be noted that a sham transaction does not entail restitution (return to participants of material assets received according to documents), because a sham transaction is considered to be a transaction that in fact did not exist, and therefore it is simply annulled. A sham transaction is reclassified as one that was a cover transaction and is considered according to the rules and regulations applicable to this type of transaction.

Claim for sham transaction form

In (name of the court) Plaintiff: (full name, address) Defendant: (full name, address) Cost of the claim: (full amount of the claims) to recognize the sham transaction as invalid and to apply the consequences of the invalidity of the transaction " " the agreement was concluded (specify, what the agreement is about) in relation to (specify property). Subsequently, I learned that the defendant, when concluding the contract, was covering up another transaction.

His actions were aimed at (indicate the grounds for recognizing the transaction as sham). In accordance with Article 170, a sham transaction, that is, a transaction that was made to cover up another transaction, is void. The most common examples of the use of a sham transaction are:

execution of a purchase and sale agreement instead of a deed of gift (in this way the donee may try to avoid paying tax);
concluding a gift agreement instead of a purchase and sale agreement.

It is no secret that sometimes the purchase and sale of limited or withdrawn items are disguised in this way. At the same time, both parties are very well aware of the sham of the transaction. According to the norms of the Civil Code of the Russian Federation, a sham transaction is void. However, it is much more correct to recognize it as invalid in order to apply precisely the consequences of an invalid transaction, which is allowed by Article 167 of the Civil Code of the Russian Federation. To do this, you need to file a claim in court, a sample of which is presented below. However, before going to court, it is advisable to consult with a lawyer who has experience in such cases. Since a court decision on some transactions may lead to confiscation of the property claimed or acquired under the transaction. Therefore, you should be very careful in such matters. The technical side of filing a claim usually does not cause problems.

A sham transaction, that is, a transaction that was made to cover up another transaction, is void. To a transaction which the parties actually intended, taking into account the substance of the transaction, the rules relating to it apply. All of the above donation agreements were made by me without the intention of creating the legal consequences characteristic of them, but only to evade possible liability in connection with the bankruptcy of OOO "". Moreover, at the time of concluding the donation agreements, my son and I came to an agreement on the subsequent transfer of ownership to me land plots, but to date this has not happened. I, in good faith believing that the land plots would be returned to my ownership, built a house on one of them, which my son, without my consent, registered as property.

In particular, in relation to a covert transaction, the Judicial Collegium for Civil Cases of the Supreme Court of the RSFSR explained that “sham transactions can be confirmed by all available means of evidence, including testimony. The civil procedure legislation does not provide for any exceptions on this issue” (Bulletin of the Supreme Court. 1991. No. 11).

Statement of claim to recognize the transaction as sham

Attention

During the execution of the contract, it became clear to me (known) that when concluding the transaction, the defendant sought to cover up another transaction with the transaction concluded with me, which should entail completely different rights and obligations of the parties. These conclusions are based on the following documents and facts: (indicate the reasons why the plaintiff considers the transaction to be a sham). According to Article 170 of the Civil Code of the Russian Federation, a transaction made to cover up another transaction is considered void, that is, it does not entail any legal consequences.

According to paragraph 3 of Article 166 of the Civil Code of the Russian Federation, a void transaction at the request of one of the parties can be declared invalid if it has a legally protected interest, and the consequences established by Article 167 of the Civil Code of the Russian Federation are applied to it.
Documents confirming the sham of the transaction. 3. Calculation of the amount of claims. 4. Copies of the statement of claim and documents attached to it to the defendant. 5. A document confirming payment of the state duty.

Info

Power of attorney of the representative dated » » N (if the statement of claim is signed by the representative of the plaintiff). 7. Other documents confirming the circumstances on which the plaintiff bases his claims. » » Mr. Plaintiff (representative): / / (signature) (full name)<1 Цена иска по искам: — о взыскании денежных средств, согласно п.

1 tsp. 1 tbsp. 91 of the Civil Procedure Code of the Russian Federation, is determined based on the amount of money collected. - on reclaiming property, in accordance with clause 2, part 1, art. 91 of the Civil Procedure Code of the Russian Federation, is determined based on the value of the claimed property.

What should a claim for sham transaction look like?

Statement of claim for invalidation of a sham transaction
Imaginary and feigned transactions
How to prove the sham of a purchase and sale transaction
Statement of claim to invalidate a sham transaction
What is a sham transaction under the Civil Code of the Russian Federation - examples?
Sham gift deed
An error occurred.

Statement of claim to invalidate a sham transaction It is no secret that sometimes the purchase and sale of restricted or withdrawn items is disguised in this way. At the same time, both parties are very well aware of the sham of the transaction. According to the norms of the Civil Code of the Russian Federation, a sham transaction is void. However, it is much more correct to recognize it as invalid in order to apply precisely the consequences of an invalid transaction, which is allowed by Article 167 of the Civil Code of the Russian Federation.

Sham gift deed

A sample statement of claim for declaring a sham transaction invalid, applying the consequences of the invalidity of the transaction, taking into account the latest changes in current legislation. In (name of the court) Plaintiff: (full name, address) Defendant: (full name, address) Cost of the claim: (full amount of the claims) to recognize the sham transaction as invalid and to apply the consequences of the invalidity of the transaction " " the agreement was concluded (specify, what the agreement is about) in relation to (specify property). Subsequently, I learned that the defendant, when concluding the contract, was covering up another transaction. His actions were aimed at (indicate the grounds for recognizing the transaction as sham). In accordance with Article 170, a sham transaction, that is, a transaction that is made to cover up another transaction, is void.

Claim for sham transaction

Signs of invalid transactions Imaginary and feigned transactions have several common signs:

unlike other types of invalid transactions, imaginary and feigned transactions are concluded by capable citizens: consciously and voluntarily (if only one party to the agreement has dishonest intentions, and the second is misled, then such a transaction is qualified as fraud and is considered according to other standards);
the signed agreement appears to comply with the law in form and content;
the true will of the parties entering into a transaction is distorted, does not correspond to the form of the transaction, and is often illegal.

These are similar features of imaginary and feigned transactions, also called “transactions with vice of will.” Statement of claim for recognition of a sham transaction as invalid. Civil legislation refers to a sham transaction as invalid transactions.

plaintiff) and ( Full name, address of the defendant) according to which (indicate the property transferred and acquired by the plaintiff). 2. Oblige to return (full name, address of the defendant) transferred under the transaction (indicate property, funds in full). Attachments: 1. Copy of the statement of claim; 2. Receipt for payment of state duty; 3.
A document confirming the conclusion of the transaction; 4. Documents confirming the presence of signs of another transaction. 5. Other documents confirming the plaintiff’s arguments.

Claim to invalidate a sham transaction

At the same time, in connection with this, the plaintiff believes that the specified transaction is a sham and was carried out with the aim of covering up another transaction, namely, which is confirmed. According to Part 2 of Art. 170 of the Civil Code of the Russian Federation, a sham transaction, that is, a transaction that was made with the aim of covering up another transaction, is void. In accordance with paragraph. 2 hours 2 tbsp. 166 of the Civil Code of the Russian Federation, a requirement to apply the consequences of the invalidity of a void transaction can be presented by any interested party.
The court has the right to apply such consequences on its own initiative. According to Part 2 of Art.
In accordance with Art. 167 of the Civil Code of the Russian Federation, an invalid transaction does not entail legal consequences, except for those associated with its invalidity, and is invalid from the moment of its completion. If the transaction is invalid, each party is obliged to return to the other everything received under the transaction, and if it is impossible to return what was received in kind ( including when the received is expressed in the use of property, work performed or service provided) to reimburse its value in money - unless other consequences of the invalidity of the transaction are provided for by law. If it follows from the content of the voidable transaction that it can only be terminated for the future, the court, declaring the transaction invalid, terminates its validity for the future. In accordance with Art.

In accordance with Art. 167 of the Civil Code of the Russian Federation, an invalid transaction does not entail legal consequences, except for those associated with its invalidity, and is invalid from the moment of its completion. If the transaction is invalid, each party is obliged to return to the other everything received under the transaction, and if it is impossible to return what was received in kind ( including when the received is expressed in the use of property, work performed or service provided) to reimburse its value in money - unless other consequences of the invalidity of the transaction are provided for by law. If it follows from the content of the voidable transaction that it can only be terminated for the future, the court, declaring the transaction invalid, terminates its validity for the future. In accordance with Art.

Statement of claim for invalidation of a sham transaction

Important

A sample statement of claim for invalidating a sham transaction, taking into account the latest changes in the legislation of the Russian Federation. Making sham transactions is a fairly common practice today. The meaning of a pretend transaction is that the contract specifies one situation, the rights and obligations of the parties, while in essence a different transaction is being implemented, which entails other rights and obligations.

Very often, sham transactions are called fictitious contracts, that is, their goal is to deceive third parties, and most often the state. A striking example of such a situation at the everyday level is the execution of a gift agreement instead of a will or a purchase and sale agreement. In this case, the donor continues to use the allegedly donated property.
The purpose of such a transaction is tax evasion. One can only imagine what kind of transactions are made in a business environment.

Statement of claim to invalidate a sham transaction

In accordance with Article 170, a sham transaction, that is, a transaction that was made to cover up another transaction, is void. The most common examples of the use of a sham transaction are:

execution of a purchase and sale agreement instead of a deed of gift (in this way the donee may try to avoid paying tax);
concluding a gift agreement instead of a purchase and sale agreement.

Statement of claim to recognize the transaction as sham

Civil Code of the Russian Federation, if the transaction is invalid, each party is obliged to return to the other everything received under the transaction, and if it is impossible to return what was received in kind (including when what was received is expressed in the use of property, work performed or service provided), reimburse its value in money , unless other consequences of the invalidity of the transaction are provided for by law. Based on the above and guided by paragraph 2 of Art. 170, part 2 art. 166, art. Art. 167, 454 of the Civil Code of the Russian Federation, Art. Art. 131, 132 of the Civil Procedure Code of the Russian Federation, I ASK: to recognize as feigned the Agreement for the purchase and sale of real estate No. dated » » , concluded between the plaintiff and the defendant, in connection; apply the consequences of invalidity of the contract in the form. Appendix: 1. Copy of the real estate purchase and sale agreement dated » »

Info

Moscow from the city, the bankruptcy trustee of LLC "" was refused to satisfy the requirements to bring me to subsidiary liability. This decision was not changed either in the appellate or cassation instances. Thus, all transactions for the alienation of land plots belonging to me were completed me in vain.

What should a claim for sham transaction look like?

A sample statement of claim for declaring a sham transaction invalid, applying the consequences of the invalidity of the transaction, taking into account the latest changes in current legislation. In (name of the court) Plaintiff: (full name, address) Defendant: (full name, address) Cost of the claim: (entire amount of the claims) STATEMENT OF CLAIM to recognize the sham transaction as invalid and apply the consequences of the invalidity of the transaction " " the agreement was concluded ( indicate what the agreement is about) in relation to (specify the property). Subsequently, I learned that the defendant, when concluding the contract, was covering up another transaction.

His actions were aimed at (indicate the grounds for recognizing the transaction as sham). In accordance with Article 170, a sham transaction, that is, a transaction that is made to cover up another transaction, is void.

Sham gift deed

Previously, I was the head of the Limited Liability Company "", which was declared bankrupt by the decision of the Arbitration Court of Moscow. Subsequently, a bankruptcy trustee was appointed to the bankrupt, who applied to the Arbitration Court of Moscow with an application to bring me to subsidiary liability ( I am attaching copies of the acts of the Moscow City Administration). Anticipating such a development of events, and possible negative consequences, I deliberately, in order to evade responsibility, donated the land plots belonging to me to my son. In accordance with the Determination of the Moscow City Administration.

Claim for sham transaction

This example of a sham transaction can be used by one of the spouses when purchasing real estate in order to deprive the other spouse of the right to claim such real estate (see the determination of the Samara Regional Court dated May 30, 2011 in case No. 33-5298);

issuing a power of attorney to drive a car instead of drawing up a purchase and sale agreement - in order to avoid paying the state duty for registering a vehicle with the traffic police, etc.

A sham transaction. Judicial practice Although a sham transaction is recognized by law as void by default, i.e. An error occurred. In fact, the parties do not attach legal significance to their contract and do not consider themselves bound by specific obligations towards each other. The concepts of imaginary and feigned transactions are disclosed in the Civil Code of the Russian Federation. In general, imaginary transactions are characterized by excessive formalism.

The defendant is obliged to return to me everything received under the void transaction. Based on the above, guided by Articles 131-132 of the Civil Procedure Code of the Russian Federation, I ask:

Recognize the transaction (indicate what the transaction is about) dated " " between (full name of the plaintiff) and (full name of the defendant) as void.
Apply the consequences of invalidity of the transaction by returning (indicate how to bring the parties to their original position before concluding the transaction).

List of documents attached to the application (copies according to the number of persons participating in the case):

Copy of the statement of claim
Document confirming payment of state duty
Document confirming the transaction
Documents confirming the sham nature of the transaction

Application submission date ""

Claim to invalidate a sham transaction

It was not possible to resolve this conflict with the defendant pre-trial, and therefore, given his awareness of my intentions to make imaginary transactions that do not give rise to legal consequences, I consider it necessary to go to court. Based on the above and guided by Art. 131, 132 of the Code of Civil Procedure of the Russian Federation I ASK: 1. The gift agreements specified in this statement of claim are recognized as imaginary traces and the consequences of the nullity of transactions are applied;2. Recognize the Plaintiff's ownership of the land plots; Application:1. Copies of land donation agreements (pcs.); 2. A copy of the determination of the Moscow AS;3. A copy of the resolution of the Moscow City Court; 4. Petition to request evidence;5.
A set of documents on the number of persons participating in the case; " " 2014
A sham transaction, that is, a transaction that was made to cover up another transaction, is void. To a transaction which the parties actually intended, taking into account the substance of the transaction, the rules relating to it apply. All of the above donation agreements were made by me without the intention of creating the legal consequences characteristic of them, but only to evade possible liability in connection with the bankruptcy of OOO "". Moreover, at the time of concluding the donation agreements, my son and I came to an agreement on the subsequent transfer of ownership to me land plots, but to date this has not happened. I, in good faith believing that the land plots would be returned to my ownership, built a house on one of them, which my son, without my consent, registered as property.