Procedural Opportunities for Concluding a Restitutional Agreement by the Parties of a Voidable Transaction Regarding “Other Consequences” of Its Being Void

The author considers the rules of paragraph 3, Art. 431.1 of the Civil Code of the Russian Federation in the context of its doctrinal interpretation and judicial enforcement. At present, neither in science nor in practice there is a uniform view as to what procedural mechanism should be used for exercising the rights of the parties to a voidable transaction to conclude an agreement on other consequences of its invalidity (restitution agreement). The author has made an attempt to derive an alternative formula for the procedural implementation of the norm of paragraph 3 of Art. 431.1 by referring to the background of the emergence of the norm in civil legislation, the specifics of the restitutionary legal relationship and the transformational features of the decision to invalidate a voidable transaction, and has developed specific proposals. For instance, based on the experience of German civil procedure, the concept of “partial solutions” is proposed for being introduced into procedural legislation.