Scientific research covers legal issues related to the convalidation of a deed committed under the influence of a mistake, as one of the galaxy of defective legal acts according to the criterion of will. The relevance of the study lies in the lack of a systematic and comprehensive study of the issue related to the convalidation of a deed committed under the influence of a mistake, which necessitates the need to turn to the pages of legal literature, which contain the scientific concepts of domestic civilian scientists, as well as, of course, to the current legislation and legal positions of national courts, which provided a legal assessment of legal relations in similar situations. Such a multifaceted approach will provide a clearer understanding of the possibility of applying the procedure for convalidating a deed committed under the influence of an error. Carrying out scientific research, the author analyzed the works of Ukrainian scientists, national legislation, as well as judicial practice in order to clarify the legal nature of the deed committed under the influence of a mistake, as well as cases in which such a deed can probably be «cured», that is, convalidated. Based on the results of the research, the author came to the conclusion that modern civil legislation, under certain conditions and circumstances, allows and does not prohibit the convalidation of a deed made under the influence of a mistake, which in turn will ensure the existence, performance and receipt of legitimate consequences by bona fide participants of contractual obligations. The author is convinced that convalidation can be applied to a deed committed under the influence of an error, taking into account the current version of Article 229 of the Civil Code of Ukraine, which uses such approaches in distinguishing the meaning of an error as «significance» and «irrelevance». The study takes into account that the modern Ukrainian legislator uses a technical- legal method «of no significant importance» regarding the motives of the deed. The author believes that the legal issue of convalidation of a deed committed under the influence of a mistake deserves separate attention and legal coverage on the pages of the Civil Code of Ukraine.
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К. Бус (2024) studied this question.
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