The features of the transactions concluded under influence of fraud.
In a civil case ԵԿԴ/0631/02/13 the court of cassation referred to the features of a transaction under influence of fraud, confirming and developing the previously expressed legal position.
Subjects of civil law enter into a deal with a certain purpose, and to achieve this they express their will that should be expressed without any external influence. If the result of the influence of his will was broken, he has the right to challenge the transaction.
The basis for recognition of such transactions void is a transaction which does not comply with the will of the person through the distorted manifestations will by external illegal actions.
Cheating is unfair behaviour of one of the parties to the transaction, addressed to the other party of the transaction entered into a deal beneficial to the other side conditions. Interested in the transaction, unscrupulous side of his wrongful actions gives another injured party an unrealistic impression of the nature, subject and terms of the transaction, affecting its decision on the conclusion of the transaction. In addition, if the will of the victim were violated by other persons who are not parties to the transaction without the participation of the party who made the transaction, the transaction cannot be challenged on the basis of fraud.
Thus, the injured party must provide some evidence that the other party to the transaction (the representative) had its participation in person or through other persons.