Civil law. Parts I, III and IV. The concept of a transaction and types of transactions (the most important)

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Civil law. Parts I, III and IV. The concept of a transaction and types of transactions (the most important)

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19. CONCEPT OF A TRANSACTION AND TYPES OF TRANSACTIONS

Dealings - actions of subjects of civil legal relations aimed at establishing, changing or terminating civil rights and obligations. Transactions are the most common legal facts, which are actions aimed at achieving a certain legal result. A transaction is a lawful action that must comply with the requirements of the law, in contrast to illegal actions (torts) and unjust enrichment. The range of transactions is not limited to those specified in the legislation. It is allowed to make other transactions that do not contradict the law, as well as combining elements of various transactions. Transactions are made freely, but the law may provide for compulsion to make certain transactions.

Types of transactions

1. Depending on the number of parties involved in the transaction, transactions are divided into unilateral, bilateral and multilateral.

One-sided: for its commission, the expression of the will of one party is sufficient (issuance of a power of attorney, drawing up a will). Obligations arise only from the person who has made the transaction, and the other person participating in the transaction has only rights. AT bilateral: each of the parties must express its will in the form of an agreement upon its conclusion (purchase and sale). AT multilateral: the number of persons involved must be at least three (joint activity of several persons). Transactions involving two or more parties are called treaties.

2. Whether the transaction stipulates the moment of its execution or not: urgent (the due date is specified in the contract) and perpetual (the deadline for which is not specified in the contract must be performed within a reasonable time).

3. Transactions in which the occurrence of legal consequences is made dependent on the occurrence of certain circumstances (conditions) are divided into conditional и unconditional (execution is not made dependent on the occurrence of certain circumstances (conditions), such transactions are the majority). Conditional transactions - execution depends on whether a certain circumstance occurs or not, and the parties do not know for sure at the time of the transaction. Conditional transactions, in turn, are divided into two types: transactions with suspensive conditions and deals with cancellation conditions.

4. Depending on the relationship of the transaction with the legal basis: causal (related to the legal basis, such as a loan agreement) and abstract (in which there are no legal grounds, for example, issuance of a bill of lading, bill of exchange). Most transactions are causal.

5. Depending on the moment of emergence of legal relations under the transaction: consensual (the rights and obligations of the parties arise from the moment an agreement is reached) and real (the rights and obligations of the parties for which arise from the moment the thing is transferred, for example, a loan, storage).

6. Trust (fiduciary) - transactions of a fiduciary nature (order, commission, trust management). In fiduciary transactions, a change in the nature of the relationship between the parties, the loss of their fiduciary nature, can lead to the termination of relations unilaterally.

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