Цитата:
Сообщение от Olga Ozolina
Actually, in Russia the freedom of contractual relations guaranteed by the CC.
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Widespread misconception about limitless freedom of the parties regarding the conditions of the concluded contract.
Forced to disappoint - inconsistency of contract law entails the nullity of the transaction. For recognition of the transaction null and void does not require a court order.
The court's decision on the consequences of the invalidity of a void transaction can be taken at the initiative of an interested party or the court itself (st.st.166-168 CC RF).
Conclusion: The terms of the contract must be lawful - comply with the rule of law applicable Russian laws. Denial of legal rights - is negligible.
Therefore, often, any deal with the "free" terms of the contract (in particular, contains a legally incorrect standard contract conditions) is threatened by declaring it null and void, and the consequences of the transaction - null and void.
The term of the right to demand - 3 years.
Do not want to even imagine such a nightmare - the court's decision to return in kind the artist his paintings, sold long ago and the demand for his paintings (and prices) has increased. Moreover, this decision of the court - is quite real.
To avoid such a nightmare, you need a translation of the art business in the legal field.
Of course, it is necessary to abandon the principle of margin (took the "implementation" at a lower price and sell at the maximum). Not all survive this translation.
Well, then there is competition.
P.S. In order to avoid unnecessary disputes, I have simplified the situation and lay out in detail the possible position of defender of the interests of the artist.
P.P.S. I look forward to our admins. Turbulence discussion should have limits. At least decency.