Due to the concluded agreements, one of the varieties of which are transactions, various relationships between individuals and legal entities occur in different combinations. As a result, both parties have their rights and obligations, which, after fulfillment of the subject of the contract, terminate. This article will discuss the concept and types of transactions.
Definition
By a transaction is understood the actions of individuals and business entities with the help of which the establishment, amendment and termination of the rights and obligations established by the Civil Code of the Russian Federation and other legislative acts in the field of civil law are carried out. These entities can be not only residents of the state, but also foreign legal entities and citizens, stateless persons, provided that such a restriction is not introduced by the relevant federal law.
The following are the concepts and types of transactions. They are legal facts, representing volitional acts between two parties, based on the requirements of the relevant legal documents.
Moreover, the will of the subject must have a certain vector, which is the difference between a transaction and a legal act.
They are the most commonly used in the civil law system. Transactions are:
- unilateral - drawing up a will, power of attorney, announcement of the competition, etc .;
- bilateral - concluded between two parties with the definition of their rights and obligations;
- multilateral - the parties to the contract are several parties, the number of which should be at least three.
When considering the concept and types of transactions, one must proceed from the fact that civil law allows their various classification groups, which do not conflict with regulatory documents. It is possible to use mixed contracts, which contain various elements from different civil transactions.
Deal Classification
This in relation to the number of persons who need to express their will to conclude a transaction was considered above.
According to the influence of the basis of the transaction exerted on its validity, they are divided into:
In the first of them the basis is its content or type. If the first one is absent or there are certain shortcomings in it, this may lead to invalidation of the transaction.
The main concepts and types of transactions in civil law are causal.
If the foundation should not be tied to a specific content, then they speak of an abstract transaction. The vices present in it do not entail its invalidity.
By the presence of an explicit or implicit (following from the content) indication of the deadline in the contract, all transactions are classified into:
- definitely urgent;
- indefinitely urgent.
In the first case, this period is indicated explicitly or can be established from the content.
The second implies that the obligation must be fulfilled within a reasonable time, which is determined on the basis of various circumstances that could potentially affect its performance. If during this period it was not fulfilled or the contract provided for a time period at the time of demand, the debtor must execute it in the general case within 7 days after the creditor submits a demand for execution. It may vary slightly depending on the requirements of the law, the substance and conditions of the obligation, and business customs.
Also, according to the moment to which they are confined, they are divided into:
In accordance with the obligation to perform certain actions by one party, in return for the benefits provided by another, the transactions are classified into:
Separate stand-out transactions. They will be discussed below.
The concept of conditional transactions
Under them understand those that can be committed depending on the occurrence of certain circumstances, which may or may not occur. This fact is called the condition of transactions. The concept and types of them are distinguished in accordance with the latter. Based on this transaction can be made on:
- suspensive;
- good conditions.
A transaction corresponding to the first case is concluded if the rights and obligations arising from it arise depending on a circumstance that may or may not occur, and the moment of their execution is determined by the date of occurrence of these circumstances.
A transaction is deemed to be cancellative if the agreement provides that the rights and obligations under it will be terminated upon the occurrence of a certain circumstance, which may or may not occur.
If one of the parties, which is not favorable for the onset of this circumstance, obstructs the condition, it shall be deemed to have occurred. In the opposite case, it is recognized as not having committed.
Other transactions
Allocate special types of such agreements, comprising 2 concepts and types of transactions. These include banking and foreign economic.
The first of them have the feature that one of the parties is a bank, and the subject of the transaction is a monetary transaction. In this case, the Civil Code provides for some special rules.
Foreign economic transactions contain specific conditions in connection with the inclusion in them of international practice and the application of foreign law.
The form
As mentioned above, the transaction of the parties requires the will of the parties. In this regard, the latter should be expressed in a certain way. It is called the form of the transaction. The concept and their types depend on in what way the readiness of its fulfillment is confirmed.
The transaction may be made orally. In this case, the parties formulate the readiness of its fulfillment and stipulate the terms in words. Such a transaction is deemed to have been completed in the course of a consolidated action. The latter mean the person’s will to complete a transaction resulting from his behavior.
A transaction shall be deemed completed and with the tacit consent, if this is provided for by agreement of the parties or legislation.
The concept, types and forms of transactions are enshrined in the Civil Code of the Russian Federation. First, it is determined that verbally there can be any of them for which writing is not mandatory. A specific example of such a transaction may be one that is committed at the time of its implementation. However, they can also be translated in writing if the parties reach an agreement on this matter. Such transactions also include those subject to certification by a notary.
Oral transactions may be directed to the execution of written forms, while they should not contradict various legal acts.
A written transaction is recognized as one of them, in which a single document is compiled, in which its contents, the names of the parties are written, their details are indicated and their signatures are fastened.
Various legal documents may provide additional requirements for such contracts. They may relate to the statement of content on letterhead, the indication of mandatory details, the certification of a signature by a seal or electronic signature.
The use of a signature by facsimile or other method of reproducing a handwritten signature is permissible when it does not contradict the requirements of laws, other regulations and agreements of the parties.
In some cases, a transaction may not be certified by the party itself, but by proxy by another person called the bailiff. Its signature is attested by a notary or another person having such a right, and the reasons must be indicated for which the signature is put by a different person from the person making the transaction. The applier is not a party to the contract; he does not have any rights and obligations under it.
Written transactions are divided into several varieties:
- committed in simple writing;
- subject to state registration;
- certified by a notary.
In the first case, the document must indicate all the necessary details: names of the parties, content of the transaction, signatures.
In this form, the following types of transactions should be made:
- between business entities, as well as between them and individuals;
- between individuals for an amount exceeding 10 times the minimum wage;
- real estate purchase and sale contracts;
- transaction for the sale of an economic entity;
- lease for a period exceeding one year;
- surety agreement and other types provided by law and by agreement of the parties.
If a simple written form is provided for by various legal documents, but it is not respected, then the testimony in this case does not prove the fact of the conclusion of the transaction, except when it was carried out in the event of emergency.
Transactions must be certified by a notary in the following cases:
- if they are specified in the law;
- if provided by agreement of the parties.
Real estate transactions are subject to state registration.
Validity conditions
They mean compliance of contracts with legal requirements. The concept and types of validity of transactions:
- Legality of content.
- Compliance with the form.
- Free formation of the true will of the parties.
- The object of the transaction must be in civil circulation.
- Persons must be legally capable, business entities - legally capable.
Thus, the concept, types, conditions of validity of transactions are closely intertwined.
Invalidity of contracts
They can be recognized as such if the conditions specified by civil law are not observed. The concept and types of invalid transactions will be discussed below.
In case of violation of the requirements of civil law, the rights and obligations under such an agreement do not arise, with legal consequences.
The Civil Code of the Russian Federation divides all such transactions into two types:
- insignificant;
- disputable.
In the first case, it is recognized invalid at the time of its commission and does not require a special judicial decision. It should not be executed. Its insignificance can be used by any interested persons in court hearings.
In some cases, the court may revise the concept and types of invalid transactions, recognizing them as valid.
An objectionable transaction is a transaction that, at the time of its conclusion, has legal valid consequences, which are unstable, since, at the request of interested parties, the list of which is given in the law, it can be declared invalid. The court may recognize that such a transaction ceases to be effective in the future. In this case, its action does not stop until this moment. Otherwise, the legal result of its action is canceled from the moment of its implementation.
In the event of a void transaction that neither of the parties has begun to execute, it does not give rise to legal consequences for any of them. Contested before the decision of the court contains the rights and obligations of the parties.
If the transaction is declared invalid, then each of the parties must return all that it received under the existing contract. If there is no possibility of a return, then it is necessary to reimburse the cost of these things in monetary terms, if no other consequences are provided for by law.
The consequences of invalid transactions
They are divided into the following types:
- return to the innocent party that it was executed under the contract, and with the guilty party - the recovery of the state received or owed to it - unilateral restitution;
- return by the guilty party of the sold thing and its value in the commission of unlawful actions - bilateral restitution;
- collection in the country’s income of what was received by the parties under the contract, and if it was not executed by all participants, then what is owed to receipt is collected - prevention of restitution.
For a void transaction, additional settlements may be provided between participants when using and observing the dynamics of mutually returned property.
The most severe will be the consequences of transactions that are committed with unlawful intent in advance. If such is established in relation to one of the parties, then the execution of the guilty participant enters the country's income. If everyone is guilty, then all income or what was due to the other side goes to national income.
The invalidity of a transaction due to a discrepancy between the will of the participants and their actual will can be observed in the following cases:
- the contract is concluded under the influence of unlawful actions of other persons;
- parties to the transaction have significant misconceptions.
Below we will consider what concept the definition corresponds to - the type of transaction is “disputable”, which is recognized as invalid.
Such cases include the following:
- when committed by persons of limited legal capacity without the consent of parents and other persons involved in guardianship and trusteeship;
- if the competent person did not realize the actions taken at the time of signing the contract;
- transactions concluded under the influence of delusion.
At the suit of the victim, a transaction made under duress may be declared invalid by the court. It is called bonded.
A transaction under the influence of a delusion can be declared invalid, but only if it was significant. These include those that relate to the nature of the contract or the basic qualities of its subject, significantly reducing the possibility of its intended use.
Imaginary and fake deals
It will be clarified below which concept the following definition corresponds to: the type of transaction is “imaginary”.
Under it is understood that which is done for the species. She has no intention of creating the necessary legal consequences. Consequently, this transaction is void.
One that is called to cover up another is called feigned. It also applies to void.
In practice, both of these types can be used for purposes that are contrary to legal norms, and therefore one-sided restitution can be applied.
Invalidity of a part of a transaction
Sometimes legislative requirements are violated not by the whole agreement, but by some of its provisions. In this case, when determining whether the entire contract or its individual parts is valid, it is necessary to proceed from the norms of the Civil Code of the Russian Federation, which stipulate that if the contents of the latter do not affect the validity of other parts of the contract and if the parties at the time of the transaction could do without including its invalid part , the latter may be recognized as such without the need to invalidate the entire contract.
Thus, this part should not be an essential condition of the transaction, the concept, types and consequences of which can be revised.
Statute of limitations
A statement of the consequences of a void transaction is presented within three years after the start of its execution. The claim that it is necessary to recognize the disputed transaction as invalid and to apply the consequences of such recognition is filed within one year after the termination of the violent actions conducive to the signing of this agreement or from the day when the plaintiff had to find out about the circumstances in which this transaction should be declared invalid.
Thus, the concepts and types of transactions in civil law are considered. This is a significant fact.
The concept and types of transactions in term paper
This topic is widely covered in such works of students. They are carried out in the discipline "Civil Law". Their relevance is due to the fact that the commission of various types of transactions leads to the realization of the civil rights of various entities. Therefore, it is important for students to study the social relations that develop when a transaction institution arises.
In addition to the fact that in universities it is often possible to meet the topic in term papers, the topic under discussion is often submitted in the form of tests for exams. For example, the most frequently asked question is “What is the definition for the following definition: type of transaction?” In this case, several answers are given, from which you need to choose the right one. The article under review will allow it to be implemented.
Finally
The volume of contracts is constantly growing, therefore, each individual and business entities must have basic concepts of transactions and types of transactions. They may be different depending on the goal pursued, but must be competent in accordance with the form that is defined for them, formed with the free will of each of the parties, while the object that appears in the transaction must be in civil circulation, and persons who conclude it, be competent in relation to individuals and capable - in relation to legal entities.