imaginary deal - one that is committed to mean, without any legal consequences.From a legal point of view it is considered null and void from the moment of detention.
imaginary deal may seem perfect, have no vices and content of the subject composition.However, the parties are attempting to deceive others, creating the impression that they are made up with each other in some business dealings, even though it is contrary to the truth.Sometimes this definition fits voidable transaction, which is also considered void and does not correspond to the requirements of the law.
At the time of the transaction is almost impossible to determine the imaginary or not.This information will become apparent much later.
As mentioned above, in accordance with the Civil Code, the imaginary transaction is negligible.This means that it is in any case valid, regardless of whether it recognizes whether or not the court itself.The consequences of nullity of the transaction is often restitution, that is, the return of both parties to each other everything they received as a result of an agreement between them.This is possible if the performance of any obligation, legally invalid.However, not always a fictitious agreement must entail restitution.
What exactly is the imaginary deal?The reasons may be diverse.For example, to draw a fictitious rent for the registration of a new legal entity.Or create the appearance of the acquisition of any property for the loan in a large amount.Or, alternatively, the fictitious sale of the threat of bankruptcy.
The imaginary transactions stems from the fact that each side has no intention to perform it, while recognizing that in reality, the agreement does not bind them.The real purpose of the transaction hidden from third parties either presented in a false light.And the parties do not intend to change anything in his legal position.As an example, you can also bring a fictitious donation of any property to shelter it from confiscation.
Imaginary transactions have a number of features.The main ones are the following: the deal an inappropriate person, providing false information to another party or a third party, the intention of non-fulfillment of obligations appearing and hiding the real intentions.
times to prove the illegality of the transaction is difficult, to a great extent this is due to determine the direction of the intention of the parties.Often under the guise of performing a contract of sale is carried out taking bribes.Typically, in such cases often involves clearly underestimated the price of the acquired property.
is a lot of fraud under the guise of fictitious contracts where one party to the transaction aims to mislead the other.Such cases are often described by the word "throw".They express the crudest forms of fraud involving transactions using surrogates or through any non-existent company.
Legal Consequences of the conclusion, the transaction does not include the imaginary.The only sanction it can be recognized as invalid, in some cases, then there must be a restitution.
