In the modern world, every person, one way or another, is familiar with concepts such as contracts, agreements, and so on. Such legal tools allow you to protect your own interests and get certain benefits. In this article we will consider the concept and types of transactions in civil law.
A transaction involves a certain action that is performed in order to achieve the set result. Rights are necessary in order for all points of the document under consideration to be implemented. That is, the relevant legal norms are needed in order to ensure fairness between persons involved in the transaction, as well as to suppress possible illegal actions.
Transactions in civil law can be of various types. In particular, these are:
1) A category, the basic principle of which is the number of participants:
- one-way transactions. In this case, actions on the part of one person are necessary to draw up a document. For example, such transactions in civil law as a will, a power of attorney, a waiver of ownership of various property objects. Such a document creates responsibilities only for a person who has expressed his will to create it;
- bilateral transactions can be called contracts differently. For their creation, the expression of will on the part of two persons is necessary;
- multilateral transactions can rightfully be called contracts. To draw up a document, it is necessary to express the will of all parties involved.
2) A category, the main principle of which is the moment of conclusion. In particular, these are:
- consensual transactions in civil law. They are characterized by the fact that they are concluded from the moment when an agreement was reached by all parties. For example, the purchase and sale of residential premises;
- real deal. They are characterized by the fact that they are prisoners only when the transfer of property has already taken place. For example, it can be a bank deposit, loan, transportation, gift. That is, to recognize the validity of the document, not only the consent of all parties is necessary, but also the actual transfer of the material object.
3) A category, the basic principle of formation of which is the legal basis. In particular, these are:
- causal transactions in civil law. They are characterized by the fact that the purpose of its preparation is clearly visible in the document;
- abstract deals. They are characterized by the fact that the purpose and validity of the document are independent of each other.
4) A category, the main attribute of which is the presence or absence of the obligation of another participant. In particular, these are:
- paid transactions. They are characterized by the fact that both parties achieve, by means of a document, the satisfaction of their goals;
- gratis deals. They are characterized by the fact that the second participant is not obliged to provide counter services and values. For example, this is a gift.
5) The category, the sign of which is the form of the transaction. In particular, these are:
- formal transactions. They are characterized by the fact that their form complies with the norms of the law;
- informal transactions. Characterized by the fact that their shape can be any.
6) The category, the sign of which is the onset of legal consequences. In particular, these are:
- a testament that is posthumous;
- lifetime deal.
7) The category, the sign of which is the recognition procedure. In particular, these are:
- void transactions ;
- disputable documents.
Types of legal acts are very diverse. This is not surprising, because the rapid development of the world entails changes in civil relations. New types and categories of transactions appear that are designed to satisfy all the needs and goals of modern man. This area of civil law is in constant development.