Contract law. Deal (most important)

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Contract law. Deal (most important)

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5. DEAL

Deal - actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations. Agreement - an agreement between two or more persons on the establishment, modification or termination of civil rights and obligations. These concepts are similar, but not identical. The concept of "contract" is included in the concept of "transaction". According to the classification of transactions, there are unilateral, bilateral and multilateral transactions. The last two transactions constitute contracts (clause 1, article 154 of the Civil Code of the Russian Federation).

In addition to the above division of transactions into unilateral and bilateral, multilateral (contracts), there is another division.

1. According to the moment to which their occurrence is timed, transactions can be real and consensual. Real ones are considered perfect when two conditions are simultaneously met:

a) there is an agreement, an expression of will has been made in the form required by law;

b) there was a transfer of the thing.

For consensual transactions, it is sufficient to fulfill one condition - reaching an agreement on all its essential conditions.

2. According to the presence of a counter property obligation of the other party, transactions may be paid or free of charge. For thelocal The transaction is characterized by the presence of a counter property provision.

3. According to the value that their legal purpose (basis) has for transactions, they are divided into causal and abstract.

Causal transactions always have a certain reason (cause) and are made for a specific purpose (buying a property, renting it, etc.). In the absence of a basis, the causal transaction is invalid. AT abstract transactions, the basis is either completely absent, or legally indifferent and does not affect their validity.

4. According to the dependence of the legal force of the transaction on a certain external circumstance, conditional transactions are distinguished.

conditional are transactions in which the emergence or termination of rights and obligations are made dependent on a circumstance with respect to which it is not known whether it will occur or not.

There are conditional transactions made with a suspensive or resolutive condition.

The transaction is considered completed under a suspensive conditionif the parties have made the emergence of rights and obligations dependent on the condition. The transaction is considered completed under the conditionif the parties have made the termination of rights and obligations dependent on the condition.

Contracts are legitimate transactions, they should be distinguished from illegal (not valid) transactions: imaginary, feigned, enslaving, etc.

Author: Rezepova V.E.

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