The limitation period for real estate transactions. The Civil Code of the Russian Federation
Perhaps, for each of us, the housing issueis the most urgent. When conducting transactions with real estate, bona fide buyers can be caught in the swindler's tricks, and their property can be appropriated to other people. In the legislation there is a notion of "statute of limitations for real estate transactions." What is it and how it can be used in disputing transactions?
The Civil Code of the Russian Federation containsthe definition of this term (articles 181, 195-205). Under this concept is understood the period of time that passed after the transaction with real estate. During this period the transaction can be challenged, and its result is recognized as invalid only in court. The need for this period is to protect the rights of owners.
In practice, this term is oftenis used by lawyers in litigation for the purchase and sale of real estate, the division of property after the divorce of spouses, gift contracts. Often, when preparing documents for purchase and sale errors are allowed. Some can be easily remedied, others may also require a trial. If the limitation period has expired, the parties to the transaction will no longer be able to file a claim with the court.
What does he mean?
This period is necessary to ensure that one of theparties to the deal managed to file a lawsuit against the offender. The Civil Code of the Russian Federation regulates these legal relations. You can not change the time of this period. Legislatively fixed two varieties of this period - general and special. The general is applied, as a rule, in litigation over the purchase and sale contracts, its duration is 3 years. The special is not limited to a 3-year period. A special limitation period for real estate transactions is required when resolving issues arising after their recognition as invalid.
The duration of a special period under the law may be:
- 3 months (if the right of pre-emption is violated).
- Six months (if the suit is issued by checkers).
- Year (if the claim is related to cargo transportation).
- 2 years (if the claim concerns poorly executed work).
- 5 years (if the buyer revealed significant shortcomings of the construction company).
When does it come into force?
For the period of limitation of actions can not affectinitiative of one of the participants in the transaction. According to the Russian legislation, this period comes immediately after one of the parties to the contract has learned about the violation that causes damage to it. However, not all individuals can know about or guess violations due to inexperience. Proceeding from this, the limitation period for real estate transactions comes after revealing the fact of the offense and informing the parties of the contract about it.
Can I suspend the current period? Russian legislation states that this can be done in situations:
- An emergency situation has occurred (it is determined on a case by case basis).
- Parties to the transaction serve in the Armed Forces.
- Suspended the effect of the legislative act, which regulated these legal relations.
The period of limitation may be interrupted and resumed when one of the parties drafted a lawsuit or the other acknowledged the fact of the offense committed.
The disputable transactions are operations with real estate, the legitimacy and validity of which is recognized by a court decision. Legislation defines the following features of a disputable transaction:
- The conclusion of the contract occurred under the condition of deception, violence, threats to life and health, or by deliberate collusion of the parties.
- The transaction was carried out by one of the parties at the confluence of difficult circumstances on unfavorable conditions for it.
- The contract was made under the influence of delusion (the existence of this fact is proved in court).
- If one of the parties to the contract is an incompetent or underage person who acted without the consent of guardians or legal representatives.
- If the transaction did not receive the consent of one of the spouses.
If in these situations the court recognizescommitted operations with the property invalid, the defendant undertakes to return the received property to the plaintiff. The received income of the defendant becomes the property of the state. The statute of limitations period in the case of disputable transactions is one year, but may be extended by the court.
Pretending transactions are actions,committed in order to cover one of the parties. Such actions are null and void under any circumstances. For example, when an individual concludes a contract of sale of real estate with a firm or enterprise, but which is formalized as an exchange transaction.
Imaginary transactions are operations performed withoutreal intentions in order to mislead certain individuals. Often, these frauds are committed in order to hide the property from the tax inspection. For example, the parties make a transaction for the purchase and sale of real estate, but in fact the duties and legal consequences do not arise and do not change.
Legal disputes over real estate are among thethe most difficult, especially if it refers to the recognition of the nullity or invalidity of the transaction. Articles 168-172 of the Civil Code contain conditions for recognizing the insignificance of transactions, including:
- Operations that do not comply with applicable laws.
- Actions that are contrary to the legal framework and morality.
- Transactions are imaginary or feigned.
- Actions committed by incapacitated citizens and minors.
It is important to note that real estate transactionscan be recognized as legal in court if they were committed by guardians, parents, adoptive parents or minors in order to benefit the latter. It is noteworthy that insignificant transactions are recognized as null and void without a court decision. The interested person can apply to the court to eliminate the legal consequences of the transaction.
Section of property: limitation period
In Article 38 of the Family Code of the Russian Federation,that the statute of limitations on matters relating to the division of marital property is 3 years, as in general cases. However, this article does not specify from which point it is necessary to count this period.
In Chapter 9 of Article 200 of the Civil Codeit is indicated that the limitation period is counted after one of the parties to the real estate transaction finds out about the violation of its rights. Thus, in the event of disputes over the division of property, one of the former spouses can file a statement of claim with the court and a few years after the divorce, if necessary.
The limitation period for real estate transactions: donation
A gift contract can also be recognizedinvalid in court. The limitation period is 3 years, but it is counted from the moment the treaty enters into force. If the claim is filed by a third party, the time limit is counted from the moment it learned of the gift. According to article 181 of civil law, this period should not be more than 10 years. The gift will be declared invalid if the claimant provides evidence. The gift will need to be returned in the form in which it was originally, otherwise the defendant pays its full value.
Often in court practice disputes arise.real estate related to inheritance. The statute of limitations in such circumstances is not legally fixed, therefore, an application to the court can be filed in a few years. This applies to situations where the heir actually owns the property, but he does not have the right of ownership. And in disputes relating to the division of inheritance, when a will is challenged, the 3-year period for the possible filing of a claim is established in 196 article of the Civil Code.
When making transactions with real estateOften there are disagreements between the parties to the contract. The limitation period for real estate transactions is a guarantee of the rights of their bona fide participants. In general, the duration of this period is 3 years. Transactions can be either insignificant or contested. It is necessary to pay attention to this when drafting a claim.
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