Civil law. Parts I, III and IV. Form of transactions (most important)

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Civil law. Parts I, III and IV. Form of transactions (most important)

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20. FORM OF TRANSACTIONS

Transaction form - a way of expressing the will of its parties. There are three forms of transactions: oral, implied and written.

Oral form of the transaction - the expression of the will of its participants in words spoken aloud. In this form, any transaction for which the written form is not established by law, as well as a transaction executed at its conclusion, can be made. Exceptions: the parties may conclude such a transaction in writing by mutual agreement; the oral form is not allowed in relation to transactions, although they are executed when they are completed, but in respect of which the written form is established by law.

implicit deal - this is a transaction made by the action of a person expressing his will, his behavior, from which such an intention obviously follows. Such actions are called conclusive (buying a newspaper from a vending machine). In this form, transactions can be made only in cases where this is expressly indicated in the law, rules, contract.

The written form of the transaction - expression of the will of the parties by drawing up a document using written characters (by hand or using technical means) on paper, including on standard forms (waybills, receipts), on other tangible or electronic media.

Types of written transactions: transactions in simple written form, concluded without the participation of official officials; transactions in a notarized form are transactions made in a simple written form and certified by a notary; transactions made in a simple written form, but subject to mandatory state registration.

В simple writing made: transactions of legal entities between themselves and citizens; transactions of citizens among themselves for an amount exceeding ten times the minimum wage established by law; transactions, the mandatory written form of which is established by law, regardless of the amount of the transaction (contracts for the sale of real estate, for the sale of enterprises, a lease agreement for a period of more than one year, etc.); transactions, the simple written form of which is established by agreement of the parties.

Consequences of non-compliance with the simple written form of the transaction: the inadmissibility of witness testimony in cases of dispute between the parties, but the admissibility of other evidence (cash and sales receipts, technical passports).

Notarial certification a written transaction is carried out by a notary or officials in cases expressly specified in the law (execution of a power of attorney issued by way of substitution or intended for transactions requiring a notarial form; mortgage agreement; wills). Failure to comply with this form makes the transaction invalid. In a notarial form, transactions can also be made by mutual agreement between the parties.

State registration of transactionsmade in simple written form, is carried out in special bodies when the subject of the transaction is real estate. In this case, a state fee is charged.

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