ON THE LEGAL NATURE OF UNCONCLUDED TRANSACTIONS: ASSESSMENT OF A CIVIL CONTRACT SIGNED BY AN UNAUTHORIZED PERSON

Abstract

A particular emphasis is placed on the fact that the Civil Code of Ukraine does not contain a direct legal construct of “non-conclusion of a contract”, which complicates the practical application of this category as an independent means of protecting civil rights and interests. This creates ambiguity in law enforcement and leads to differing approaches in the practice of the Supreme Court of Ukraine and the Grand Chamber of the Supreme Court of Ukraine. Judicial practice demonstrates fluctuations between three models of legal assessment: classifying the contract as null and void, voidable, or as one that did not materialize (non-concluded).Particular emphasis is placed on the fact that the Civil Code of Ukraine does not contain a direct legal construct of “non-conclusion of a contract”, which complicates the practical application of this category as an independent means of protecting civil rights and interests. This results in ambiguity in the application of the law and leads to the existence of differing approaches in the practice of the Supreme Court of Ukraine and the Grand Chamber of the Supreme Court of Ukraine. Judicial practice demonstrates fluctuation between three models of legal assessment: qualifying the contract as null and void, voidable, or one that did not take place (non-concluded).The work traces the evolution of scholarly views and presents the positions of leading Ukrainian civilists who define the legal nature of contracts with forged signatures in different ways. In particular, the arguments of those who identify such contracts as non-concluded are examined, along with the counterarguments of scholars who classify them as voidable or invalid transactions. The scholarly analysis demonstrates that the key element in resolving this issue is the assessment of whether or not there is genuine consent from the participant in the transaction, as the will and its external manifestation are the determining conditions for the validity of the contract, in accordance with Articles 203 and 215 of the Civil Code of Ukraine.The research also outlines the characteristics of notarized contracts in cases where one party’s signature is forged.It is emphasized that even if the formal requirements of the contract are met and the relevant entry is made in the State Register of Property Rights to Real Estate, such a transaction cannot be recognized as concluded, as there is no genuine intent from the actual owner to dispose of the property. This creates a presumption of invalidity of the transaction, which requires judicial protection and legal certainty.The author proposes an original approach to addressing this issue, emphasizing the necessity of qualifying contracts with forged signatures as invalid, as they contain a substantial defect in will and expression of intent.According to the researcher, this approach ensures compliance with the principle of the rule of law, protects the legitimate interests of participants in civil turnover, and promotes stability in judicial practice.The results of the study hold both theoretical and practical significance: they enable a deeper understanding of the nature of civil-law contracts in cases of signature forgery and provide a basis for the further codification and improvement of civil legislation in Ukraine. The article aims to contribute to the formation of uniform doctrinal and judicial approaches to the legal assessment of such transactions and can serve as a reference in the law enforcement activities of courts, lawyers, and notaries.