The difference between a contract and a deal is not only a purely theoretical topic. There is a difference in regulation and other aspects. As for the contracts, they are different in form, content, spelling scheme, and other parameters. Let's consider some of them.
The concept of transaction and contract
Both transactions and contracts are governed by civil law. According to the law, a transaction is an action aimed at the emergence, change and termination of rights and obligations.
A contract is an agreement also aimed at the emergence, amendment and termination of rights and obligations in the property and non-property spheres.
Differences between a contract and a transaction
They are as follows:
- a transaction is a general phenomenon of which the contract is a part;
- a transaction, unlike a contract, can be unilateral (for example, a will or a waiver of property);
- any action can be taken under the deal, the contract is always the result of concerted actions of the two parties;
- the contract is valid for a certain time or without a term, the transaction is a one-time manifestation of the will of the subject of relations;
- the subject is free to make a unilateral transaction, change its terms, the contract is changed by mutual agreement (rare exceptions are prescribed by law).
The listed differences of the transaction from the contract are enough, but they do not end there.
General Features
The specifics are as follows:
- form (oral or written);
- certification procedure (signatures, stamps, notarization, the need for state registration).
Differences between the agreement and the transaction only emphasize that one is part of the other.
Transaction content
In the case of contracts, the content is the conditions (rights, obligations and responsibilities, other conditions). They are determined by the parties within the framework defined by law. The conditions are established by law, or a choice is given between several options, or the parties have the right to develop their own approach. The terms of the transaction and the form of expression of the will of the subject are also governed by law. There is no such wide choice as in the case of contracts.
For example, the will of the person who wrote the will is rather strictly regulated by the norms of the law. Going beyond the scope of the law leads to the recognition of a will invalid.
The acquisition of rights and obligations provides for the implementation of an algorithm of actions: the submission of an agreed list of documents within the agreed time frame to an authorized person. Violation of the procedure or incorrect execution of documents will lead to a refusal or the need to go through the procedure again.
Features of interaction with legal entities
They, unlike citizens, record all their actions in documents. The Civil Code specifically stipulates the obligation of legal entities to record in documents. What is the difference between transactions between legal entities:
- they are performed by authorized persons (ex officio or by issuing a power of attorney);
- transactions with property are permitted with the consent of the shareholders or the owner;
- the transaction must not violate the charter.
Legislation, in particular tax, imposes additional restrictions on transactions with individual entrepreneurs. Transactions between legal entities oblige to fulfill additional requirements that are not exhibited to citizens or individual entrepreneurs.
How to make an agreement
In practice, it is proposed to fill out a contract form. This is faced by citizens when applying to housing and communal services enterprises, other structures that provide services on an ongoing systematic basis. The form is a ready-made text, it remains only to enter the data and put signatures. Lawyers develop contracts for atypical situations.The structure is taken for the sample, and then specialists fill it, based on the needs of the company or the agreements reached. The conclusions of judicial practice do not lose their significance. The document is prepared in several copies - one for each side.
What does the contract look like:
- preamble (description of the essence of the contract, indication of the parties, date and place of conclusion);
- rights and obligations of the parties;
- responsibility for failure to perform or poor performance of duties;
- deadlines for the performance of individual obligations under the contract;
- contract time;
- termination conditions;
- details of the parties (if not specified in the preamble).
The contract form is a way to simplify and speed up the work of lawyers and other specialists of the organization.
If the subject of the transaction is real estate
Real estate is land-bound property and cannot be moved without destroying or seriously damaging it. All transactions with land, houses, apartments, non-residential premises have an important feature - the transfer of rights to them is carried out during state registration.
Registration is done by submitting a package of documents:
- application for registration;
- copy of the contract;
- copy of the passports of the parties;
- copy of the power of attorney of the representative or representatives;
- act of transfer of the object.
If the object has not previously been registered and not put on cadastral registration, then first enter the data into the registers, and then register the transaction. The procedure for registering a transaction with real estate includes checking the law, its compliance with the standards. An exception is transactions certified by a notary. They are registered without prior verification.
Finally
Contracts are a type of transaction. The latter as a way of occurrence, change, termination of rights and obligations may be committed by one person. The law imposes additional requirements on the form, content of transactions, and the procedure for their completion. Some of them must be certified by a notary public and undergo state registration. Without it, the transfer of rights to property is considered incomplete.