Features of protection of the rights of the buyer of residential premises with the participation of a minor in the transaction

Marina Ulianova,Lidia Zarapina,F.V Fetyukov

doi:10.1051/shsconf/202213400088

Marina Ulianova, Lidia Zarapina + Show 1 more

Open Access

https://doi.org/10.1051/shsconf/202213400088

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Abstract

Changes in social and economic relations in society have affected the rights of certain categories of citizens-minors, the protection of whose rights is a priority. In transactions with residential premises, the protection of the rights of minors is also a priority. However, this approach has created a situation where the weak side in real estate transactions is another entity – the buyer, whose position has become vulnerable. As a result of the conducted research, individual situations in which there is a violation of the rights of the child are identified. The rights of the child are exercised by his legal representatives, and therefore a transaction made in violation of the law is recognized as contrary to the foundations of order and morality. This entails the recognition of the transaction as invalid and the consequences in the form of bilateral restitution, which violates the right and legitimate interests of the buyer in a real estate transaction. If the legal representative has no funds or their insufficiency by the time the transaction is declared invalid, the court decision regarding the full refund of funds will remain unfulfilled, and the buyer's rights are violated.

Highlights

Changing social and economic conditions have generated a lot of "unverifiable risks" [1, 2], in which the turnover of residential premises is carried out
As a result of the study of legislation and law enforcement practice, it was revealed that a not unimportant point for concern and the development of ways to protect the rights of the buyer of residential premises is that state support measures are targeted, and relate to the sphere of public relations
A transaction made in violation of the law is recognized contrary to the basics of order and morality [5]. This entails the recognition of the transaction as invalid and the application of the consequences in the form of bilateral restitution, which violates the rights and legitimate interests of the buyer in a real estate transaction

Summary

Introduction

Changing social and economic conditions have generated a lot of "unverifiable risks" [1, 2], in which the turnover of residential premises is carried out. The buyer of residential premises can use borrowed funds to purchase it, as well as have dependent minor children, and in such a situation, protection of the rights of the child on the seller's side, and the buyer is required.

Results

Conclusion