Another important issue related to real estate is a recognition of the real estate transaction invalid. Transactions with real estate may be invalidated in the following cases: Transaction is incapable .Soglasno articles 32 and 33 of the Civil Code recognizes incapable citizens, limited in capability by the court due to abuse of alcohol or drug placed under guardianship. Guardians of the law are the representatives of the Trust and perform on their behalf and on their behalf all necessary transactions. The trustees agree to commit those transactions that citizens who are under guardianship, shall not perform alone, in particular, any transaction with the property: sell, give, devise, exchange, buy it. On the basis of Art.
37 Civil Code guardian, trustee, their spouses and close relatives shall not perform any transactions with a ward, and no right to represent it in transactions or in the conduct of litigation. Article 43 of the Fundamentals of Russian legislation on notaries found: 'If it turns out the certificate transactions capacity of citizens and to verify the legal capacity of legal persons involved in the transactions. In the case of the transaction and the representative checked his credentials. " However, the law says nothing about the law notary appoint expertise and put before an expert a question: can a citizen to understand the nature committed by his actions and understands the legal consequences of the transaction, since the sale, will, exchange, donation of housing can significantly worsen the situation of the citizen, and that becomes the cause of the professional situation in the housing market.
