Transaction Form. The concept, types and forms of transactions

The Civil Code provides for several legal facts that determine the occurrence, termination, change in the capabilities and responsibilities of entities. The deal is one of them. This legal fact is considered one of the most common. Consider further what exist types and forms of transactions. transaction form

General information

A transaction is an act of a citizen or legal entity aimed at establishing, terminating or changing duties and legal capabilities. In support of its implementation, the parties, as a rule, conclude an agreement. In most cases, nregular form The transaction is binding. However, the law allows the parties to express their will in words.

Oral transaction form

It is regulated by article 159 of the Civil Code. According to the norm, it is verbally allowed to conclude transactions if:

The legislation or the agreement does not provide for a different procedure for formalizing relations.
The fulfillment of the conditions is carried out at the conclusion of the contract.
The transaction is aimed at implementing the provisions of an already concluded agreement and there is an agreement on the oral form.

Specificity

The oral form is that the parties to the transaction express their will in words. Due to this, their intentions are perceived directly. The legislation equates the verbal form of conformative actions and, in some cases, silence. The former are behavioral acts of the subject that indicate his intention. For example, a person who installs vending machines confirms his will to complete a transaction by this action. Silence can be considered as a certificate of intent solely in circumstances provided for by law or by agreement of the parties. As a rule, the oral form is used by citizens. An agreement in words may take place, for example, in establishing the procedure for the use of a land plot in common ownership. Subsequently, in the event of a dispute, the rules established by the parties may be used as evidence in court. For other cases, set transaction writing. It has a number of features. Let's consider them in more detail.

Simple transaction writing

The legislation allows for different options for the design of relations between contractors. Acts as one of them simple written transaction. What it is? Such transaction form involves the preparation of a special document. It should express the content of the relations into which the subjects enter. In this case, a mandatory requirement is the presence of signatures of persons entering into an agreement. Sight is allowed by entities authorized by the participants in the relationship. Legislation or other regulations may provide for additional requirements and the consequences of non-compliance with them. For example, transaction form will be deemed appropriate if, to express their will, the participants in the relationship used a special form or sealed the document. non-compliance with the transaction form

Types of Agreements

According to article 161 of the Civil Code, documentary transaction form It is provided for relations entered into by a legal entity or organizations and citizens. An agreement is also signed if the parties are citizens. Documentary transaction form obligatory if its value exceeds the established minimum at the time of registration of minimum wage relations by more than 10 times. The law may provide for other cases. However, in some of them the amount of the transaction may not matter.

Exceptions

Not considered as simple transaction form cash or sales receipt. This is due to the fact that in these documents there are no details required for agreements. This, in particular, about the subject, information about the parties, etc. Meanwhile, this does not mean that the cash / receipt receipt is not valid. These documents can be used as evidence in court in the event of a conflict.

The consequences of failure to comply with the law

Failure to comply with the transaction form, as indicated in Article 162 of the Civil Code (Clause 1), it deprives participants of the opportunity to invoke evidence in support of the conclusion of an agreement in the event of a dispute. However, the parties may provide other evidence of the occurrence of the relevant relationship. Confirmations may also be written. As evidence, as a rule, payment documents, video / audio recordings, etc. appear. In cases that are directly established by law or by agreement of the parties, a violation of the required transaction forms entails their invalidity. Examples are a guarantee, a promise of gift. transaction form right

Additional requirements

The legislation also provides notarial form of transaction. Its binding is established directly by norms or by agreement of the parties. Moreover, in the latter case, the law may not require notarization. If the corresponding condition is included in the agreement, it becomes binding on the parties, regardless of whether its provisions provide or not. In some cases, state registration is also mandatory. This procedure applies only to paper-based agreements (documentary transaction form). Right ownership of an object acquired as part of a sale, for example, must be registered.

Content

It is formed by a set of conditions about the subject, duties and rights of participants, responsibility and so on. To recognize the validity of the agreement, it is necessary that its contents comply with the requirements of the law and do not violate prohibitions. However, in practice, transactions may differ from dispositive provisions. Also, they may not be provided for by legal acts at all. However, any form of transaction (form of contract) must comply with the general principles and meaning of the law. In addition, it is necessary to observe the foundations of law and order and moral standards. notarial form of transaction

Regulations

The written form will be deemed to be complied with if the agreement concluded by the participants contains all the required details provided by law. These should include:

Time and place of paperwork.
Subject of the transaction.
Cost.
Terms of calculation. This paragraph sets the amount of payment, the timing of its implementation. Parties, for example, may provide for a one-time payment or periodic repayment of debt.
Obligations and rights of the parties.
Grounds for the onset of responsibility. For example, participants can establish that in case of delay in payment interest will be charged.
Settlement of disputes.
Force majeure circumstances.
Signatures of the parties to the agreement.
Contact information.

These clauses are considered essential terms of the agreement. The content of the document should clearly express the will of the participants. As a rule, the contract is drawn up in 2 copies. However, in some cases a larger number may be required. For example, 3 copies are necessary in cases when a real estate purchase and sale transaction is concluded. The parties keep one form at a time, and the third is transferred to the registration authority. simple transaction form

The timing

Any transactions, regardless of their form, provide for certain periods for the fulfillment of their conditions. Dates are divided into:

Suspicious. They suggest that the transaction will entail consequences when the specified period.For example, the lease agreement drawn up on December 1 stipulates that the premises are provided to the user from May 1.
Great. The consequences of the transaction in this case are terminated upon the due date. For example, under an agreement concluded on December 1, the tenant is required to vacate the premises on January 15. Accordingly, 15.01 terminates the contract.

Nuances

It should be noted that the end of the term may have different meanings. So, in some cases, its expiration involves the delay of the entity with the ability of the creditor to express refusal to accept the execution and subsequent recovery of losses incurred. There are several ways to determine the period in a transaction. For example, parties may establish:

The exact date.
Certain period. Moreover, they can set the time period calculated in days, years, months. For example, entities enter into an agreement under which the counterparty agrees to provide a certain volume of products every month.
The beginning of the event. For example, the agreement stipulates that the supplier begins shipping products with the start of navigation.

Conditional Agreements

This is a rather specific type of transaction. The legislation provides for the possibility of concluding agreements under which the emergence of legal opportunities and obligations or their termination / change is made dependent on the specific circumstance. At the same time, the timing of its onset is unknown to the participants. Such transactions may be concluded with a suspensive or derogatory condition.

Invalid

Civil law pays great attention to the legality of transactions. An agreement that is contrary to the rules is called invalid. The law requires that the transaction expresses the will of the parties in the form provided for in appropriate cases, as well as that the participants are legally competent. Violation of at least one of these conditions entails the recognition of the agreement as invalid.

The moment of loss of law

Its definition is of particular importance in practice. As article 167 indicates, a transaction that has been declared invalid shall be deemed so from the moment of its conclusion. Meanwhile, it follows from the content of the agreement that it can only be terminated for the future. For example, it is impossible to recognize the invalidity of a lease transaction from the date of its completion. This is explained by the fact that the object was already in use. In such a situation, the contract will be terminated for the future. The Civil Code sets the statute of limitations for invalid agreements. In claims for the application of the consequences of the illegality of void transactions, it is 10 years. Calculation is made from the date of commencement of the execution of the terms of the agreement. As for the disputed acts, the statute of limitations for them is 1 year. Moreover, it begins from the day when threats or violent acts were terminated, under the influence of which the transaction was concluded, or from the date when the applicant became or could become aware of other circumstances acting as grounds for declaring it invalid. oral transaction form

Contested and void agreements

These are two types of invalid transactions that are provided by law. The court may declare the transaction voidable. A void agreement shall be deemed invalid by virtue of law. Recognition thereof as such does not depend on a court decision. Contested transactions are considered valid until the statement of claim of the interested person. These include agreements concluded under the influence of threats, deception, violence, delusion or in difficult life circumstances. Among the grounds on which the transaction is declared invalid, there is non-compliance with the form established for it.

Return received

If an invalid transaction has not been executed, no material consequences of its recognition as such shall occur.The situation will be different if the terms of the agreement were fully or partially implemented. In this situation, the law provides for certain property consequences. First of all, as article 167 of the Civil Code indicates (Part 1), for invalid transactions, each of the participants is obliged to return everything that he received. This order is called bilateral restitution. It is often used in cases where the parties did not comply with the established form of the transaction. For example, if the agreement on the sale of real estate was not properly executed and subsequently failed to register, then it will be declared invalid. In some cases, however, it is impossible to make a return of the received in the same form in which it was accepted. Such a situation occurs, for example, in the destruction of things. Then the law requires a refund of the amount equivalent to its value. In addition to bilateral, unilateral restitution is also provided. In this case, the original position (which existed before the conclusion of the invalid transaction) is restored only to one participant. For the second subject sanctions are provided. In particular, everything that he received from the transaction is being addressed in favor of the state. Such a situation is possible, for example, if a person has entered into an agreement with an incompetent citizen, knowing this. Legislation also provides for sanctions against both entities. In this case, everything that they received is turned in favor of the state.