The article analyzes the proposed regulation (§ 527, par. 1 of the draft Civil Code). Using the brief historical and comparative materials the author alleges that the subject concerned traditionally imposes increased demand on law-applying organs (courts).
The author indicates that the conclusion on invalidity of the legal conduct due to its contradiction with law cannot be arrived at without the detailed analysis of a breached legal provision, in particular from the point of view of its meaning and purpose. However, the proposed regulation to which the author, inter alia, reprimands obvious complicacy, tries to solve the indicated problem by stipulating additional conditions necessary for arriving at the conclusion on invalidity of legal conduct breaching law (occurrence of "detriment caused to someone" and/or "obvious violation of public order").
However, such regulation does not clarify the conclusion on invalidity of legal conduct, but on contrary, it invokes other problems.