Civil, and especially economic, turnover cannot exist without a special institution - contract law. But what is meant by its main element? What are the types of contracts in civil law? We will try to consider these provisions below.
The concept and types of contracts in civil law
Many people present a contract as a written document - an agreement on the basis of which one individual receives something, while the other gives and, possibly, also receives something in return. This is somewhat true. But try to deduce a more precise definition.
The first thing that is worth mentioning about a treaty as a legal institution is that it always expresses the will of at least one individual with respect to another within the framework of the legal field.
Second, an agreement is concluded between at least 2 parties. Moreover, it is not necessary at all that they in this agreement can have only rights or obligations, but also their confusion. Thus, the proportion of rights and obligations is not always uniform. According to this criterion, a certain classification of contracts in civil law is carried out, the consideration of which will be presented later.
The third is the establishment and exercise of rights and obligations by the parties to the contract, as well as control over the execution of the latter.
Fourth - the equality of parties in this relationship. This provision implies: the parties are entitled to demand its challenge, protection of the rights provided by the agreement, amendment of the contract on mutual terms.
Based on the foregoing,
The agreement recognizes an agreement concluded between 2 or more parties on equal terms regarding the establishment, amendment or termination of relations within the framework of the legal field of the state.
The types of contracts in civil law are distinguished by their multiplicity. Therefore, they require a separate review, presented below.
Classification of contracts in civil law
The division of treaties into types is not so much of scientific importance as practical. This provision is explained simply: the concept and types of contracts in civil law are aimed, first of all, at simplifying and establishing effective civil circulation. Therefore, eight main criteria for division should be considered.
The first is intentions. In this case, the preliminary and main ones are distinguished. The preliminary contract only indicates the intention in the future to conclude an agreement on a specific fact. The main one is the direct fixation of the developing relations between the parties according to the facts defined in it.
The second is the number of sides. Types of contracts in civil law according to this criterion are divided into multilateral and bilateral.
The third is in the legal relationship. Namely, the contracts are formed within the framework of certain civil or commercial relations: purchase and sale, leasing, factoring, contracting, donation, etc.
Fourth - gaining power - consensual and real. In the first case, only the intention is indicated to transfer something under the contract and the possible term is indicated, but the contract is formally concluded from the moment of signing. The second option provides for the start of the contract only with the transfer of the subject of the agreement.
Fifth - on the participation of the parties in the development of the body of the contract. So, contracts are classified into accession agreements and mutually agreed. The latter are the result of negotiations between the parties, and the former is an agreement on conditions that already exist.
Sixth - on the extension of rights and obligations - unilateral and bilateral. In unilateral agreements between the parties, the powers of one party and the obligations to fulfill them on the other are clearly defined. In bilateral agreements, obligations and rights are distributed evenly between the parties.
Seventh - in terms of the proposed conditions - a public offer contract and an individual one. The first implies the establishment of the same conditions for all counterparties, the second allows for the possibility of specially agreed conditions.
The eighth is the division into gratuitous and paid.
The above types of contracts in civil law have a deep practical meaning. Knowing the definition of a particular type, according to the above classification, you can make an approximate text of the contract.