Invalidity of transactions: legal consequences and issues of judicial practice

Abstract

This article is devoted to the study of the institution of invalidity of transactions concluded with defects of will, which represents one of the most practically significant yet insufficiently developed areas of civil law in Kazakhstan. The paper analyzes the main types of defects of will provided for in paragraph 9 of Article 159 of the Civil Code of the Republic of Kazakhstan: fraud, violence, threat, and unconscionable (onerous) terms. Particular attention is paid to the issue of recognizing a transaction as invalid due to a lawful threat—that is, a threat to perform actions that are not unlawful in themselves. This issue remains the least explored both in Kazakh legal doctrine and in judicial practice. Based on the analysis of current legislation, doctrinal sources, and case law materials, the article proposes criteria for distinguishing permissible negotiation pressure from bad-faith threats. Specific recommendations are formulated to improve regulatory provisions and law enforcement practice in this area. The results of the study have practical value for lawyers, judges, and participants in civil turnover.