Void and non-executable transaction Journal Article

Machine summary:

" Another is Article 975 of the Civil Code, which is formulated as follows: "The court cannot enforce foreign laws or private contracts that are contrary to good morals, or which, by wounding the feelings of society or for other reasons, are considered contrary to public order.... From the provisions of the two aforementioned articles, it is explicitly inferred that failure to comply with the regulations of public order and the principles of good morals will result in the invalidity of contracts, agreements, and generally any transaction. On the other hand, since the intention of the parties, according to Article 190 of the Civil Code, is one of the essential conditions for the validity of a transaction and forms its legal basis, if the intention of the transaction is to deviate from the regulations for preserving public order or is contrary to good morals, and generally, if the intention of the transacting parties is to achieve something that the law has prohibited, the transaction shall be considered void and shall be unenforceable in courts. However, transactions with persons who do not possess legal capacity—meaning they do not have the ability to perform legal acts, such as an incompetent person—although the Civil Code, as stated in Article 212, considers these transactions absolutely void due to lack of capacity, strictly speaking, one cannot consider such transactions incorrect and void in every case. '\ \In any case, by carefully examining the provisions of the relevant articles of the Civil Code, it is well understood that an unenforceable transaction is considered incorrect relative to the transacting parties and other interested persons, such as creditors.