The world of deals is extremely diverse. Today, there are a large number of their classifications and gradations. Of particular interest is the division into causal and abstract transactions. Consider them, along the way, understanding the basic concept and other classifications.
What is a deal?
The transaction refers to the actions of individuals and legal entities whose purpose is the termination, establishment or change of civil duties and rights. It can also be defined as a way to achieve legal consequences by expressing private will within the boundaries established by the rule of law.
Hence the main signs of causal, abstract and other transactions:
- The action of people, volitional act.
- The legal enterprise.
- Lawful action.
- A procedure that purposefully creates, modifies or terminates civil relations.
- Creates a civil relationship only for participants in the transaction. As an exception, they may apply to third parties.
All transactions are intellectual in nature. This is their main difference from actual actions. They stand out against the background of transaction-like actions. The latter are characterized only by partial adherence to transaction standards.
Now we turn to the concept of reality. A transaction is valid subject to four conditions:
- The legal capacity of the parties to commit it.
- The legitimacy of the content of the transaction itself.
- Conformity of the will and will of the participants.
- Compliance with the transaction form.
If at least one of these conditions is violated, we can talk about the invalidity of the procedure.
Types of transactions
In addition to causal and abstract transactions, there is a range of other classifications. Consider their diversity:
- In form: written (literal) and oral (verbal).
- By the type of relationships between participants: aleatory and fiduciary.
- Depending on the legal consequences of a number of circumstances: unconditional and conditional.
- Depending on whether the process provides for a time frame: urgent and unlimited.
- Looking at the moment the contract comes into force: real and consensual.
- Depending on the fact of the counter-presentation: paid and free.
- Looking at the number of participants: unilateral and multilateral.
- By the significance of the basis for confirming effectiveness: causal and abstract transactions.
We will analyze the latter in more detail.
Causal deal
Causal - from lat. causa - foundation, reason. This is the name of the transaction, the execution of which is so connected with the basis that its validity depends on the presence of the latter. In other words, its (transaction) execution always corresponds to the purpose for which the agreement is concluded.
Speaking of examples of causal and abstract transactions, here you can specify the contract of sale. Realization of the seller’s demand for payment is possible only upon the fact that he has fulfilled the obligation to transfer property to the buyer.
If there is no basis in the causal transaction, then it is invalid. Example: a borrower disputes a loan agreement on the fact of non-cash. He proves that the funds or other material values received by him from the lender in part or were not provided at all.
Proving the fact of not receiving money, the borrower disputes the basis of the causal transaction. He claims that it is completely absent. Or in some part of the contract, in the case when the lender provided the same part of the agreed funds.
It should also be noted that most of the transactions are causal.
Abstract deal
Abstract - from lat. abstrahere - to separate, tear off. The validity of such a procedure, unlike the causal one, does not depend on its basis. Abstract transactions include those obligations whose refusal to fulfill with reference to invalidity or absence of a basis is not allowed.
What will we give as an example? Types of abstract transaction - bank guarantee, bill, bill of lading. The latter is a document confirming ownership of the shipped goods, which is issued by the carrier to the cargo owner.
An example of an abstract transaction can be cited as follows. Paying bills, you can not suddenly refuse to fulfill obligations on the basis that the goods have not been delivered.
According to the current legislation of the Russian Federation, all operations with securities (issuance, transfer) are purely abstract transactions that cannot be disputed on the basis. The conclusion follows from this. Both the effectiveness of abstract transactions and the prevention of contesting their foundation is possible only with the indispensable reflection of abstract nature and the establishment of an appropriate legislative prohibition.
In conclusion, we consider several other interesting classifications.
Real and Consensual Transactions
This gradation divides transactions into two large groups:
- Real (lat. Res - thing). For this transaction, in addition to the agreement of the parties, for the emergence of mutual rights and obligations, a legal fact is also needed. For example, the transfer of one entity to another by money, material assets, the commission of another action.
- Consensual (lat. Consensus - agreement). The rights and obligations of such a transaction arise immediately after the agreement is reached. Legal action is performed after its conclusion. This type of property is transferred under an annuity contract.
Fiduciary and aleatory transactions
To understand what is at stake, you can read the translation:
- Fiduciary (Latin fiducia - trust). The basis of the transaction is the confidential, personal relationship of the parties. If this nature of the relationship is lost, then any of the subjects of the contract may be unfulfilled from the fulfillment of their obligations. Here, contracts of assignment, trust management of property, life-long maintenance are highlighted.
- Aleator. In other words, risky, concluded for good luck, for good luck. Here we include betting, lotteries, a number of exchange transactions. They are united by one thing - the fulfillment of an obligation depends on circumstances that were not known at the time of the conclusion of the contract.
A deal is something without which it is impossible to imagine human relationships. Therefore, there are a large number of classifications of this phenomenon, some of which we have presented and analyzed.
