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Civil law transactions: concept, types, characteristics, classification

Legal opportunities and obligations of participants in the turnover arise in the implementation of targeted legal actions of individuals and organizations. Registration of transactions, their execution, change, termination of their conditions entail certain consequences. Relations arising in the framework of economic turnover are regulated by the Civil Code. Consider further features of civil transactions. civil transactions

general characteristics

The essence of the transaction consists in the establishment, amendment or termination of legal opportunities and obligations of participants in the turnover. This situation is fixed by the 153rd article of the Civil Code. Civil Law Transactions can be committed by any person who meets the requirements established by law. For example, individuals must be capable. Entities entitled to make transactions include foreigners as well as stateless persons. They must also comply with legal requirements. For entering into these or other relations for these persons special rules can be established.

Specificity

Signs of a civil law transaction fixed by law. Since it causes a change, termination or establishment of opportunities and responsibilities, it is a legal fact. Speaking in this status, civil transactions constitute the most common group of legal actions that comply with regulatory requirements. In this they differ from improper acts of tort, unjust enrichment, if it arises as a result of a certain behavior of the subject. Non-compliance with legal requirements entails invalidity of civil transactions. The consequences of their conclusion are different.

Focus of intention

Civil Law Transactions - volitional acts. Participants in the turnover commit them voluntarily at their discretion. In this case, the subjects pursue specific goals. For example, sale of property carried out to receive cash. The focus of the will of the participants in the relationship distinguishes a legal fact from an act. The consequences of the latter occur solely by virtue of the result fixed by law. It will not matter if the will of the participants in the relationship was directed towards its achievement or not. Moreover, the intention of the subjects must have an external expression. In this way, elements of a civil transaction - This is an internal will and expression of will.

Differentiation of concepts

Civil Law Transactions should be distinguished from administrative acts. They also create certain consequences. However, first of all, administrative and legal obligations arise to enforce the relevant decision. At the same time, its validity and legitimacy will be evaluated within the framework of the relevant branch of law.

Important point

Considering the system of relations of persons in the framework of economic turnover, it is impossible not to note the importance of civil transactions. The conclusion of contracts and the implementation of their conditions is a sequential chain of acts committed by participants. It includes the entry into the relationship, its implementation, clarification of certain points, prolongation (extension) or termination. The most common today remain property transactions. Currently, the circulation of material assets is enormous. The key reason for its formation are precisely civil law transactions. Types and forms of transactions regulated by the Civil Code. However, participants in the turnover may enter into agreements that are not provided for by the norms if they comply with general legislative requirements. civil law transactions types and forms of transactions

Classification of civil transactions

Subjects can enter into one or another relationship on different grounds. The method of fixing the expression of will is called the form of the transaction. According to this criterion, they distinguish: written and oral agreements. The first, in turn, are divided into simple and notarial. Classification of civil transactions conducted according to other criteria. For example, depending on the number of participants, single, double and multilateral agreements are distinguished. For example, sale of property carried out by one person. Meanwhile, the contract will be bilateral, since the second entity, the buyer, is also present in it. Testament, donation are already one-sided transactions. Moreover, such contracts are always free of charge.

Written (simple) contracts

They are concluded by cooperative, public, state organizations among themselves, as well as with citizens, except for those that are executed at the time of commission. For some transactions, the law expressly establishes a written obligation. As a rule, it is required when concluding contracts for amounts that exceed normatively fixed limits.

In some cases, a written fixation of the will is carried out regardless of the subject composition and value of material assets. For example, land as an object of civil law transaction has a cadastral number. Allotment information is entered into the state registry. It also includes information relating to all actions committed with it: rent, change of ownership, encumbrance, etc.

State registration of civil transactions allows you to streamline the circulation of material values, provides control over the legality of the actions of participants. This procedure is mandatory for contracts concluded with respect to real estate. To her, among other things, is the land.

Movable material assets are alienated or leased under a simple written contract. For example, car sale. The change of ownership in this case is recorded in a special traffic police database. For some agreements, legislation requires special notarization. This form may also be provided for in the contract itself between the parties. As a rule, it is set for real estate agreements.

Oral contracts

They are concluded between citizens for an amount not exceeding that established by law, if the rules do not provide for a written form. In addition, verbally concluded contracts are executed upon signing. With this form, the will of the participants is expressed in words or in conjunctive actions. The latter are behaviors that indicate an intention to complete a transaction. value of civil transactions

Other types

Depending on the time at which the occurrence of the transaction is timed, it may be real or consensual. To complete the first necessary: ​​a contract and an action expressed in the transfer of things. For example, car sale, shipping, loan. Consensual agreements are considered concluded from the moment the parties reach agreement. Examples include an order, purchase and sale with confirmation of an agreement, etc.

Bilateral and multilateral treaties

Such a division is considered a classic example of the classification of transactions. The main criterion for differentiation is the number of subjects. Such a classification allows us to conclude the nature of the consequences of the agreement. Both bilateral and multilateral agreements can be gratuitous and onerous, real and consensual. They entail the emergence, termination, change of rights and obligations (unlike unilateral, in which only obligations arise).

The process of concluding such transactions is notable for its rigor and complexity, and their form is subject to fairly flexible rules. Another situation with unilateral agreements. They are quite simple in conclusion, but stringent requirements are imposed on their form.

Unilateral agreements

Such transactions, regardless of whether they entail the establishment of only rights or legal opportunities in conjunction with obligations, are almost always associated with the will of the entity to which they are addressed. If it is not expressed in advance (subject to prior agreement), then it may be expressed subsequently. Acceptance of duties and rights by the entity to which the transaction is addressed is also considered a unilateral agreement.

For example, the successor may accept the inheritance or refuse such an action. The law, however, provides for some exceptions to this rule. For example, an obligation to reimburse costs to a person acting in the interests of others without a power of attorney may be imputed to the interested entity without his will.

Objectives of unilateral agreements

Such transactions are usually made to exercise subjective rights. Appropriate actions must oblige the parties to the contract, but cannot create obligations for third parties, as this contradicts the fundamental principles of the inviolability of property, equality of participants in turnover, freedom of expression. Exceptions may be established by law or by agreement with the person to whom the transaction is addressed. So, for example, the norms allow the assignment of duties to a successor in a will. This is made out by special order. property transactions

Characteristics of bilateral agreements

As the name implies, the will in such transactions is expressed by two parties. Moreover, each of them can be represented by one or more persons. The number of parties and the number of parties to the agreement should be clearly distinguished. For example, buying and selling is a two-way transaction, even if several buyers and sellers were involved in it. In such situations, they speak of a multiplicity of persons.

The main sign of a bilateral transaction is considered to be mutual expression of will. Reciprocity is determined primarily by the fact that the agreement contains mutually satisfied interests. For example, a transaction takes place when one entity wants to use a thing and the other wants to lease it. In addition, in such agreements the will of the parties is agreed. For example, the sale will take place only if the participants agree on a price.

Legal Terms

As mentioned above, entities can conclude any agreements that do not contradict the norms. Subject to the established requirements for a particular type of agreement, the transaction is considered valid. In this case, it entails a change, occurrence or termination of legal opportunities and obligations.

The invalidity of the transaction will mean, accordingly, that the contract does not possess the properties of a fact that can cause the indicated consequences. The recognition of the illegality of the agreements is aimed at protecting public order and ensuring normal circulation. Invalidity shall entail the annulment of legal opportunities and obligations, the implementation of which would cause a violation of the law.

Void Contracts

Such transactions are considered invalid due to non-compliance with the law. To recognize them as such, a statement of the fact of the commission of an unlawful action is sufficient. In identifying void transactions, jurisdictional authorities, at their sole discretion, apply the consequences established by law.

Types of Void Agreements

These include transactions:

  1. Not complying with the requirements of legislative or other regulatory acts, unless it is established in them that the contract can be disputed or other consequences are not provided for.
  2. Committed with a purpose that is obviously not consistent with the interests of society and the state. This type includes agreements concluded with intent. For example, the purchase of stolen things.
  3. Extraordinary agreements. Such transactions are contrary to the goals and interests of the legal entity, as enshrined in the constituent documentation.
  4. Committed by incapacitated subjects.
  5. Pretended and imaginary. The latter are committed “for the sake of appearance”, with no intention of creating legal consequences. For example, property is sold to avoid inventory. Imaginary agreements do not alter the position of the parties. Fake contracts are made to cover one transaction with another. For example, donation covers the sale of real estate for tax evasion. invalidity of civil transactions

Challenging Agreements

They are also called relatively invalid transactions. Arbitration suggests that the fact of non-compliance with the law must be established by the court. To do this, interested parties file a lawsuit. Otherwise, the transaction will be considered valid. In court, a dispute may arise that the contract was concluded under the influence of fraud. In this case, the transaction may be declared invalid not by itself, but if the defectiveness of the will of one of the participants is proved.

Types of Contested Contracts

These include transactions:

  1. Committed by a person of limited legal capacity (minors 15-18 years old) without the consent of legal representatives. The latter include adoptive parents, trustees, parents.).
  2. According to the order of property, carried out without the consent of legal representatives, of limited legal capacity due to abuse of narcotic substances or alcoholic beverages.
  3. Committed by a competent person who, at the time of conclusion of the contract, is in a condition in which he did not give a report in his actions and did not control his behavior.
  4. Prisoners under the influence of an erroneous representation of the subject about the real state of affairs, which has significant legal significance.

Agreements made under the influence of violent acts or the threat of their use, deceit, malicious agreement, in difficult life circumstances for the victim, on extremely unfavorable conditions are also considered as viable.

Retribution

It assumes the presence of a counter presentation. It represents the obligation of one party to take certain actions in favor of the other, which, in turn, must provide a counter-equivalent. A simple example is buying and selling. Under such an agreement, one party is obliged to transfer the thing, and the second - to pay the agreed amount for it. Retribution is present in most transactions concluded in the framework of civil turnover. It is expressed in the transfer of money, any things, the provision of services, work. essence of the transaction

Gratis Agreements

They are quite rare in practice. Usually, free agreements are concluded between citizens or with organizations. In such contracts there is no obligation to provide mutual satisfaction. Accordingly, unilateral transactions are always free of charge. Such agreements should include donation, free use of things, etc. It is worth noting that the gratuitousness or retribution of certain transactions may be provided for by law or by agreement of the parties. These include, for example, a contract of commission or carriage. For other transactions, retribution may only be established by law. These include a loan agreement.

Urgent and perpetual agreements

In some transactions, the parties may not stipulate either the moment of its entry into force or the time of termination. Such agreements are called perpetual. They take effect at the time of conclusion. Accordingly, transactions in the conditions of which the moment of termination or entry into force (or both of these moments) is established are called urgent.The period with which participants associate the onset of duties and legal opportunities is called suspensive.

If the terms of the transaction, which takes effect immediately, determine the termination period, then it is called cancellation. For example, the parties to the agreement established that the gratuitous use of the thing ceases from September 1. The contract may also establish both terms. For example, a lease agreement for a facility begins on June 1, and expires on August 31.

Conditional contracts

The specifics of derivatives transactions is that the due date is bound to occur. If the appearance of obligations and legal opportunities is associated with an event characterized by uncertainty of occurrence, transactions are called conditional. Such a fact can be any natural or other phenomenon (for example, getting a crop, acquiring a thing, achieving production indicators, etc.). In such cases, it is not clear whether the corresponding event will occur or not. Both sides in such transactions are in equal position. The conditions that are included in the agreements must not contradict the law. Accordingly, a transaction that establishes a claim for damage will be invalidated.

Features of the formulation of conditions

At the conclusion of the transaction, the participants are entitled to establish the period during which the corresponding reservation will be valid. For example, the founder can conclude an agreement on the lease of non-residential premises with the condition that within a few months the legal entity will be registered with the Federal Tax Service. Expiration will mean non-occurrence of the condition. Accordingly, the transaction will lose force without creating rights and obligations for the parties. The condition may be formulated positively or negatively. In the first case, for example, the occurrence of an event or the performance of an action may be stipulated. elements of a civil law transaction

Additionally

Conditions, as well as terms, may be suspensive or derogatory. In the latter case, the obligations and rights of the participants arise at the time of the transaction and cease when the specified event occurs. For example, one entity provides another with a building for use for a year, if during this period his relative does not return from a business trip. Upon the occurrence of an exceptional condition, the termination of the legal relationship does not depend on whether the participants knew about its occurrence or not. If the agreed event cannot occur, then the transaction becomes unconditional.


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