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Transactions: the concept, forms, types, conditions of validity of a transaction in civil law

Transactions, the concept, types, conditions of validity of contracts are determined in the Civil Code. The code also establishes the obligations and legal capabilities of participants in a relationship. The legislation provides for the circumstances in which they arise, change and cease, as well as the consequences of these events. Let us consider in more detail what are transactions, types of transactions, reality conditions. validity conditions

General information

In general, transactions are understood as actions of legal entities and citizens, which are aimed at the emergence, termination and change of rights and obligations. This definition is given in Art. 153 GK. Each participant in the relationship wants a specific result. From the actions performed by the subjects, one can learn about their given intention. In order for the will of the participants to be mutually perceived by them, and also to become known to third parties, it must be expressed externally.

Expression of will

It is called the external expression of the internal intentions of the subjects of the transaction. By will, an idea is formed about the content of the relationship. The law provides for several ways of expressing intentions. So, expression of will may be direct. In this case, participants in transactions make written or oral statements. In other cases, the will is expressed by concurrent actions. On them we can conclude the presence of certain intentions. In third cases, the will is expressed in silence.

Classification

Transactions can be single, double or multilateral. The last two categories are called contracts. One-sided transactions are those that are concluded on the basis of the will of one entity. At the same time, at least two persons become participants in such relations. For example, the provision of a power of attorney to receive certain material assets acts as a one-sided transaction. However, legal opportunities and obligations arise for both the principal and the attorney.

Bilateral transactions are an expression of the agreed will of two or more persons, multilateral - more than two participants. For example, the latter include an agreement between three commercial organizations on the construction of a common storage. Transactions can also be abstract and causal. In the latter, their foundation clearly follows from the content. For example, a contract of sale. In the event of unattainability or illegality of purpose, such agreements shall be deemed invalid. In abstract treaties, the foundation is divorced from content. For example, issuing a bill. Its validity does not depend on the legality of the transaction in which it is issued.

transactions concept types of conditions of reality

Effects

In accordance with the conditionality of their occurrence or termination, occurrence or non-occurrence in consequence of a certain event, transactions are divided into conditional and unconditional. The former, in turn, are classified into those that are committed under suspensive and derogatory conditions. Within the framework of the latter, the cessation of obligations and legal opportunities depends on a circumstance for which there is no clarity whether it will occur or not. Committed under suspensive condition transactions suggest that participants make the emergence of obligations and rights in such a relationship.

Other types

Depending on whether the obligation of one participant meets the counter obligation of another, the transactions are divided into gratuitous and onerous.If only the agreements of the parties are sufficient for the emergence of relations, then they are called consensual. If it is necessary to additionally transfer the property, then the transaction is real. Such, for example, include a contract of gift, loan, etc. The expression of will, as mentioned above, may be oral. The legislation provides for two types of such transactions:

  1. Executable in direct execution.
  2. Based on another written transaction, if neither the law, nor any other regulatory act, or in the contract between the parties establishes a mandatory written form.

Contracts drawn up on paper may be notarized or require subsequent registration.

validity of transactions void transactions

Transactions: concept, forms, conditions of reality

The legislation provides for certain requirements that are binding on the parties to the agreements. There are the following conditions for the validity of a transaction in civil law:

  1. Legality of content. The contract must comply with the current procedure, not contradict the law, other regulatory documents.
  2. Legal capacity and legal capacity of subjects. The concept and conditions of the validity of transactions are closely related to the capabilities and abilities of participants. The first requirement applies to organizations, state and municipal entities, the state. Their capabilities may be limited by constituent documentation or law. The requirement of legal capacity applies to citizens. Transactors must come of age and be aware of responsibility and consequences, have the ability to make commitments, and exercise their rights. Separate restrictions in such cases may be established by law. conditions of validity and invalidity of transactions
  3. Unity of will and its expression. If it is absent, then the transaction is concluded with a vice of will. It may be disputable or void. In any case, the transaction is invalid by decision of the court (in the first case) or regardless of it (in the second). An expression of a vice of will may consist in the fact that it is completely absent. For example, a subject made a deal under physical duress. Will can also be formed under the influence of factors that disrupt the normal process of its formation (for example, deception).
  4. Compliance with the established form of transactions. The validity conditions of transactions in this case can be general and special. If the design established by the legislation is not observed, the agreement will be considered unlawful. If the contract is simply not concluded on paper, the sanction consists in the inability to refer to the testimony of a witness.

These are the basic conditions for the validity of transactions.

 transaction concept form conditions of reality

Invalid Transactions

Such relationships do not give rise to legal consequences corresponding to their content. If the conditions for the validity of civil law transactions are not fulfilled, then obligations and opportunities do not arise, do not terminate or change, except for those that relate to its illegality.

Nullity of agreement

In practice, the conditions of validity of transactions are not always satisfied. In civil law, the classification of illegal contracts is established. They may be null or voidable. This separation is provided for in Art. 166, Clause 1 of the Civil Code. Void transactions are invalid at the time of their conclusion due to a legal norm. In this regard, a court decision is not required to recognize its illegality. Void transactions are not subject to execution. All interested parties can invoke illegality, demanding in court to apply the corresponding consequences to such agreements.

Along with this, attention should be paid to paragraph 2 of Art. 166 Civil Code. In case of non-fulfillment of one or another condition for the validity of transactions, civil law provides for the possibility of the court, which established the fact of nullity, on its own initiative to apply the corresponding consequences to the participants.Due to the fact that such an agreement does not give rise to changes, occurrences or termination of obligations and legal possibilities, the contract can be declared illegal only from the moment of its conclusion. In this case, the legislation established exceptional cases in Art. 171-172 Civil Code. In certain circumstances, the court has the right to recognize a valid and void transaction.

Contested Treaty

Such are called transactions that, at the time of their conclusion, give rise to legal consequences characteristic of valid agreements. However, they are unstable, because at the request of a circle of persons defined by law, they can be challenged. The resultant result may be completely canceled. This is due to the fact that by virtue of the first paragraph of Art. 167 of the Civil Code, an invalid transaction becomes such from the moment of its conclusion. A court decision on this matter will have retroactive effect, if it does not follow from the content of the agreement that it can only be terminated for the future.

concept and conditions of validity of transactions

Effects

Conditions of validity and invalidity of transactions involve different legal results. Legal consequences for fully or partially executed contracts that contradict the requirements of the law are set forth in Art. 167-169 Civil Code. They differ in accordance with the grounds of invalidity. In most cases, the consequences are connected with determining the fate of the objects received by the participants under the concluded agreement.

Restitution

This is a general rule, according to which the fate of the deal obtained upon conclusion of the contract is determined without observing any condition for the validity of the transaction. Restitution involves the mutual return of all acquired by the participants. If this cannot be done in kind, including when the received is expressed in the use of the property, the service provided or the work performed, the legislation allows for monetary compensation. For some contracts that are concluded in case of non-compliance with any condition for the validity of the transaction, other rules are provided:

  1. Unilateral restitution. It represents the initialization of only an innocent participant. This is done by returning to him what he had done under the contract. In addition, the law provides for the recovery from the perpetrator received or owed to him in favor of the state.
  2. Prevention of restitution. In this case, everything received by the parties to the contract is recovered in favor of the state, as well as in the case of incomplete execution, all due.

If it follows from an agreement concluded upon non-fulfillment of any of the above conditions for the validity of the transaction that it can be terminated only for the future, the court will deprive it of force for the coming period. In this case, all that was received remains with the participants. However, the contract is not subject to further execution. transaction forms transaction validity conditions

Important point

It is worth noting that the consequences referred to in Art. 167 and 169-179 of the Civil Code, are applicable to bilateral and multilateral agreements. If the conditions of validity of a unilateral transaction are not fulfilled, the court shall apply the provisions of Article 60 Civil Code on the return of property acquired unreasonably.

Statutes of limitations

They are determined in accordance with Art. 181 Civil Code. The statute of limitations on the application of the consequences of the illegality of a void transaction is 10 years. It is calculated from the day when the concluded contract began to be executed. The statute of limitations for declaring a transaction disputable and applying the relevant consequences is 1 g. It begins on the day:

  1. Termination of threat or violence (for contracts provided for in Article 179).
  2. When the plaintiff has become or could become aware of the circumstances that serve as the basis for invalidating the agreement (for other disputed transactions).

Art. 179 GK

The provisions of this article apply to contracts concluded under the influence of threats, violence, fraud, in case of malicious agreement of representatives of one participant with another or due to difficult circumstances. In such transactions, the expression of the will of the party does not coincide with its real intentions or the victim is completely deprived of the opportunity to commit behavioral acts of his own free will and in personal interests. An agreement concluded in circumstances when one of the participants was forced to do this due to a difficult situation, which implies an absolutely unfavorable result for him, is called bonded. In such cases, the other party is aware of the situation and uses it in their own interests. Such transactions may be invalidated by the court at the suit of the victims. The consequences are unilateral restitution. Additionally, the court may impute compensation to the victim for real damage.


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