Under the form of transaction in Russian legal practice is understood as a way of expressing the will of its participants. It can be of three types: oral, written and conformative. In the first case, each participant expresses his will by words spoken aloud. The written form implies the compilation of a document by written characters by hand or by technical means. And what is it?
Conducted Deal - Definition, Examples
Conducted actions are a transaction carried out by expressing the will of participants by their actions, behavior, from which their intentions become clear. It is permissible only in specific cases provided for by Russian law, the contract or the rules. The rapid development of economic turnover and the widespread use of technical means that facilitate the process of acquiring goods and services in order to meet needs, have led to the widespread dissemination of this form of transaction.
For example, opportunistic actions are payment by the buyer at the box office of a store of pre-packaged and packaged food.
Another example is a citizen's acceptance of an inheritance. Entering into inheritance rights, a person does not sign any documents, but from the fact that he, for example, makes repairs in the apartment, which he will receive by will, we can conclude that he agrees to inherit.
Possible Consequences of Conclusion of Conducted Transactions
It is worth noting that contingent actions are legal relationships, as a rule, that do not entail any legal consequences. That is why often bona fide transaction participants find themselves in a difficult position.
In business practice, there are frequent cases where the parties do not sign a general agreement at the same time and, without waiting for it to be signed by the counterparty, begin to fulfill their obligations. In this case, an unscrupulous counterparty may declare the absence of a contract and, as a result, the non-occurrence of contractual relationships.
For example, the parties agree on the delivery of a certain product and its subsequent payment. The supplier, who shipped the product on time, suffered losses due to the refusal of the other party to pay for it. In this case, the court, as a rule, refuses the victim to recover penalties for late payments and losses incurred, since relations between the parties are recognized as unconditional. On the other hand, clarification of such aspects in a document often leads to the fact that it ceases to be concurrent.
An important aspect of a collaborative relationship
The legislation of the Russian Federation provides for cases when the silence of one of the parties has certain legal consequences and is recognized as a way of expressing the will, which leads to the emergence of the rights of the participant or the adoption of his duties.
For example, if one of the parties that entered into a treaty of concrete actions, having received payment request at the bank, did not express objections to him, it is believed that she expressed consent to pay it. Also, if the tenant continues to use the property of the lessor at the end of the lease term (in the absence of objections from the latter), the property contract in the form of concrete actions is considered extended for an indefinite period.
The performance of conclusive actions in the process of termination of the contract is also a rather rare occurrence for Russian judicial practice, since certain problems are caused by their proper interpretation.
Signs of Conduct
Conjugate actions are a very common phenomenon, so they have a number of characteristic features. The first is compliance with the terms of the contract. The contradiction of these actions to the subject of the agreement is inadmissible in any case! Secondly, the deadline set for the acceptance of a certain offer must be observed.
Thus, the subject of civil relations should clearly understand which of his actions are concurrent and which are not. Indeed, in the event of an involuntary transaction, the contract is binding. Failure to comply with the terms of this agreement may result in the liability stipulated by it. However, liability may be provided for by the current legislation of the Russian Federation.
