Civil law. A common part. Concept, types and forms of transactions (the most important)

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Civil law. A common part. Concept, types and forms of transactions (the most important)

Lecture notes, cheat sheets

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21. CONCEPT, TYPES AND FORMS OF TRANSACTIONS

Deal - lawful action of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations.

Symptoms:

1) legal fact;

2) act of will;

3) lawful legal action;

4) is aimed at establishing, changing or terminating civil rights and obligations.

Composition of the deal - a set of certain facts, the presence of which is necessary in each transaction. Deviation from these facts does not entail the consequences that the person wished for when making the transaction.

The objective side characterized by the will of the parties, which can be direct (performed orally or in writing) or indirect (the person performs such actions, from the essence of which the intention to conclude a transaction clearly follows).

The subjective side characterized by the circumstances characterizing the subjects of the transaction.

Views:

1) by the number of parties involved:

a) unilateral (the expression of the will of one party is necessary for the commission);

b) bilateral (expression of the will of two parties);

c) multilateral (expression of the will of three or more parties);

2) by the presence of a counter provision for the performance of obligations under the transaction:

a) gratuitous (one party undertakes to transfer something to the other party without receiving counter satisfaction for it: donation);

b) reimbursable (generates a legal relationship, by virtue of which each of the parties has the right to demand from the other a certain property provision: delivery, in a row);

3) at the moment of commission:

a) consensual - the transaction is considered completed from the moment an agreement is reached between the parties: supply, lease;

b) real (it is required to reach an agreement and at the same time transfer property: loan, storage);

4) by the value of the goal:

a) causal, these include almost all transactions (the goal is directly expressed in them: purchase and sale);

b) abstract (the reason is not indicated, the purpose of the commission is not clear: a bill).

In addition, there is a division of transactions into urgent (the moment of its validity and termination is not determined) and perpetual (the moment of entry into force of the transaction or the moment of its termination is determined).

Transaction form - a way of expressing the will of the parties to the transaction. Exist oral and written forms. Failure to comply with the form of the transaction entails its invalidity.

Orally any transactions can be made if:

1) a written form is not established by law or agreement;

2) transactions are executed at their very conclusion (with the exception of transactions that require notarization, as well as transactions for which failure to comply with a simple written form entails invalidity);

3) the transaction is made in pursuance of a written contract and there is an agreement between the parties on the oral form of execution.

In other cases, transactions must be concluded in writing. Required written form, if the transaction is concluded between legal entities or citizens (if the amount exceeds 10 times the minimum wage). Mandatory notarization subject to:

1) in cases specified in the law (annuity, gift agreement). Transactions related to land and real estate are subject to state registration;

2) if it is provided by the agreement of the parties.

Author: Stepanova O.N.

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