Что такое недействительная сделка купли продажи квартиры. ч.1

Автор: admin  //  Рубрики: Вопросы юристу

Недействительная сделка купли продажи квартиры 1

Что такое недействительная сделка купли продажи квартиры. ч.1

Сегодня мы, по возможности, рассмотрим все основные виды недействительных сделок купли продажи квартиры (комнаты, дома), которые наиболее часто проводятся между нашими согражданами с привлечением всевозможных посредников, весьма активно действующих на рынке жилой недвижимости.

Для начала разберемся с недействительностью сделок, проведенных недееспособными гражданами.

Согласно российского законодательства, для защиты прав и интересов таких  россиян устанавливаются опека и попечительство. Причем, опека устанавливается над людьми, признанными судом недееспособными по причинам  психического расстройства, которое привело к тому, что они не способны понимать смысл своих действий и управлять ими.

По  закону опекуны выступают в роли представителей подопечных и совершают в их интересах и от их имени все необходимые действия.

Попечительство  же вводится над гражданами, которые решением суда ограниченны в дееспособности из-за злоупотребления наркотическими средствами или спиртными напитками.

Попечители принимают решение о согласии на проведение тех сделок, которые люди, находящиеся под попечительством, не могут совершать независимо. Например, к такого рода действиям относятся сделки с недвижимым имуществом: продажа, дарение, завещание, обмен и  покупка.

Однако необходимо отметить, что все шаги опекунов и попечителей по распоряжению собственностью подопечных в части проведения имущественных сделок находятся под контролем органов опеки и попечительства.

По сделкам, заключенным гражданами, признанными по закону недееспособными или ограниченно дееспособными, существует гражданско-правовая ответственность.  Она заключается в том, что каждая из сторон подобной сделки должна возвратить другому участнику  все имущество, полученное в натуре, либо  компенсировать его стоимость в деньгах.

Причем дееспособная сторона должна, кроме всего, покрыть другой стороне полученный ею реальный ущерб, в случаях, когда  дееспособная сторона располагала сведениями или могла знать о недееспособности другой стороны.

Недействительная сделка купли продажи квартиры 2

Сопровождение сделок по объектам недвижимости 

По российскому законодательству ни опекун, ни попечитель, а так же их супруги и родственники не имеют законных прав на  совершение сделок с подопечным.

Кроме того, они не могут представлять его интересы при проведении сделок или ведении судебных разбирательств между подопечным и супругом попечителя или опекуна, а так же и их близкими родственниками.

От имени подопечного не разрешается так же и совершение договора дарения (без оформления разрешения органа опеки и попечительства).

Как показывает практика, установление дееспособности гражданина, являющегося участником жилищной сделки, является серьезной и сложной задачей.

По информации Независимой психиатрической ассоциации, среди тех граждан, что проживают и обменивают жилые объекты, масса людей с психическими расстройствами. Их беспомощность мошенническим образом используется как всевозможными посредническими фирмами, так и нечистоплотными родственниками.

Сделки, в которых одной из сторон  выступают психически больные, однако в судебном порядке не признанные недееспособными, например, алкоголики или  старики с разными степенями психической  несостоятельности, проводятся без психиатрического освидетельствования.

Выяснение дееспособности граждан возлагается на юридических лиц, участвующих в сделке. В частности - на нотариуса. В случаях совершения сделок представителем  недееспособного гражданина - проверяются так же и его полномочия.

Тем не менее, механизм проведения этой процедуры не отлажен, что является одной из главных причин криминальной обстановки на российском жилищном рынке.

Закон ничего не говорит о праве нотариуса потребовать экспертизу и поставить перед экспертом вопрос: а способен ли человек понимать последствия совершаемых им поступков и осознает ли правовые последствия заключенной сделки, так как продажа, обмен, завещание или дарение жилого объекта могут значительно ухудшить положение гражданина.

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