Invalid transaction

Pursuant to Article 177 of the Civil Code of the Republic of Belarus, a transaction made by a citizen, although legally competent, but at the time of its commission was in a state where he was unable to understand the meaning of his actions or to direct them, may be declared invalid by a court at the suit of this citizen or other persons whose rights or interests protected by law are violated as a result of its commission.

From the materials of the criminal case, it was established that an unidentified person in the salon of LLC "Tsifrovik", by persuasion and obvious deception, abusing the trust of Sh., who is a disabled person of the second group due to a mental illness, concluded a loan agreement in his name to purchase a laptop for more than 3 thousand rubles, promising to repay the loan later, but did not fulfill the obligations undertaken and took possession of the laptop.

Based on the enforcement order, the loan debt was recovered from Sh. in favor of the bank, enforcement proceedings were initiated, and deductions were partially made from Sh.'s pension.

Sh. was not recognized as legally incompetent, but he is a disabled person of the second group since childhood and is registered with a psychiatrist.

Since Sh. could not understand the essence of the loan, the legal and legal consequences of the transaction, which was confirmed by an expert opinion, the prosecutor of Vitebsk applied to the court in his interests with a claim to establish the fact of the nullity of the loan agreement and to cancel the enforcement order.

The court's decision granted the prosecutor's claims.

Loan funds were not recovered from Sh. in favor of the bank, since the latter received nothing from the transaction, and the unidentified person actually took possession of the loan funds and the laptop.

By the ruling of the judicial board for civil cases of the Vitebsk regional court, the decision of the first instance court was left unchanged and entered into legal force.


Deputy Head of the Department for Supervision of Compliance with the Law of Judicial Decisions in Civil Cases A. Sashchenko