The concept of a transaction, the terms of validity of transactions consists of four distinctive properties. The content includes an aggregate consisting of legislation, law and order, morality. Actors can belong to any civil status, but must have full legal capacity to be a subject of law to fulfill their obligations. The concept of a transaction, the conditions for the validity of transactions provides for their completion with the absolute will of the parties. The main factor in the conclusion is the unity of will, without which recognition is impossible. The final criterion is the mandatory observance of the form: oral, written, simple, notarized or registered with the government department.
Explanation of the concept
The desire of citizens to change the authority in relation to the object, by their actions, this is how the concept of a transaction is characterized. The validity conditions of the transaction direct the actions of persons in different status with the intention of establishing, amending or terminating civil rights, obligations with legal consequences. So, the provisions of Article 153 read in the Civil Code of the Russian Federation; the Supreme Court at the Plenum decided in 2015 that the court could apply the claims of the Civil Code of the Russian Federation from section 1 in part 1, which explain the concept of a transaction, the conditions for the validity of transactions in the form:
- civil law agreements;
- powers of attorney granted;
- debt obligations;
- applications for offsets with mutual requirements;
- refusals unilaterally from the performance of duties;
- consent of the participants in the performance of events.
A transaction can be represented as the formation of a legal fact of a specific life event related to a legal norm when changing or terminating previous obligations to participants. In the Civil Code of the Russian Federation in article 1 it is said that the concept of the validity of a transaction provides for its conclusion by the parties in compliance with mutual interests and expression of will.
Specific traits
Each legal fact is committed by certain actions with distinctive properties. The concept of signs, conditions of validity of a transaction includes:
- The desire of individuals to achieve the goal with a motive accessible to all participants.
- A legal basis with the same result.
- The foundation on which the motive was formed in order to close a deal.
- Legal actions with the qualities of legal facts, they can carry out the legal consequences that the actors should strive for.
In fact, the essence of the transaction, the concept, types, conditions of validity may consist of several or one expression of will aimed to obtain a specific legal result.
What is the reality of the contract?
To recognize the agreement between the parties as valid, it is necessary to have such qualities in a legal fact that they can express themselves in a legal investigation. Therefore, transactions, concepts, types, conditions of reality are defined:
- legality in content;
- legal capacity on the part of individuals and legal capacity by legal entities;
- mutual expression of will;
- compliance with the forms.
Legislation Classification
The foundations, circumstances of life and needs are controlled by persons to conclude contracts. In the presence of all the accompanying signs and reasons that became the initiators for the transaction. The concept, conditions of validity of transactions, form, types in conjunction with the above definitions may differ in the number of participants:
- The Civil Code of the Russian Federation in article 154 approves the possibility of concluding a contract unilaterally if the will of one of the participants is expressed;
- The Civil Code of the Russian Federation in article 420 speaks of bilateral agreements, when the defendants agreed on their will;
- The Civil Code of the Russian Federation in Article 1041 provides for multilateral agreement where the parties strive for a common goal and do not have opposing opinions.
Highlighted main cases
What is typical for the concept of a transaction, provided that the transactions are valid in the form and types with the presence or absence of counter-grants:
- reimbursable - when transferring funds to a participant for the performance of duties;
- gratuitous - when a participant transfers something to another person without payment, for example, gives an item.
Characteristics can be concentrated in the period of the transaction:
- actual, where the conclusion is the moment of transfer of the object;
- legal agreement of the parties;
- conclusion of a contract with a combination of real and consensual criteria.
Parties may make conditional transactions with the notion of a condition of validity:
- casual with a visible legal purpose and its implementation, which serves as a condition for the recognition of reality;
- abstract when the content does not indicate the achievement of the goal, which does not affect the recognition of the agreement - the issuance of bills or independent guarantees.
Features of the impact of different mechanisms
The level of trust can be connected to such a thing as transactions, concepts, signs, conditions of reality and types:
- with the property of trust, the basis for concluding fiduciary agreements are special relations of participants, therefore, agreements are created between members in various partnerships or with persons for life-long maintenance.
- with the absence of a fiduciary contract.
The agreement may differ in the ways of fixing the will:
The concept of the content and conditions of validity of transactions are subject to classification by the legal mechanism with which participants are bound by their rights and obligations:
- dependent on the onset of circumstances, while the time of their onset is not known;
- ordinary contracts without established requirements.
Agreements are different for the desired legal consequences:
- compulsory;
- administrative;
- representative.
Arrangements are made in a special order to prevent conflicts between corporate members, the executive body:
- on a large scale;
- contracts concluded with interested parties.
In order for a transaction to be recognized as valid, in any of its types, it must be performed by adults who are aware of the consequences, have the ability to accept obligations and exercise their rights. The law may establish cases for individual restrictions.
Legislative forms
Perception of the transaction, the concept of a form with a condition of validity and the acquisition of legal significance, possibly in compliance with legislative norms. According to article 154 of the Civil Code of the Russian Federation, the forms of contracts are oral and written, the latter are divided into simple and notarial. Participants may agree to perform actions using words, and the will of one of the participants is expressed in silence. Which means, he did not mind the transaction. An example is the services offered by advertisements.
Features of oral agreements
The customer orders the construction work, verbally agreeing that he will provide the contractor with an estimate with the project within 7 days. If the builders do not make claims for 10 days regarding the conditions, then the agreement is concluded. The concept, signs, conditions of validity and the form of the transaction concluded in writing, in each case must comply with the definition of law. For oral forms, the legislator did not provide for restrictions, shifting responsibility to participants.
If the entrepreneur of the construction team has agreed with the pensioner that she will pay for the repair work by installments, they must reflect these conditions in writing. When the sale of an expensive item is agreed orally, but when the transaction is actually completed, money and item are immediately transferred, in this case the law is not violated. Problems may arise from a controversial situation. Confirmation of the transaction can be any sign, badge, ticket or receipt. The conclusion and content of such agreements are testimony, if evidence is required for the trial. Confirmations in signs, mention or do not reflect the names of the parties, from this their significance does not decrease.
When in the evidence there are named participants with their signatures, the transaction passes to the rank of a written conclusion. You can interrupt, terminate or change an agreement in the same way as it was made. There are cases based on legal norms or the desire of the participants; upon conclusion of a written contract, its execution occurs without registration of each action. For example, a written agreement has been drawn up for the supply of goods to the store. Delivery will occur according to the developed schedule with special marks in the waybill or in the manner provided by the supplier. Money is transferred to the borrower with written paperwork or the debtor passes the receipt to the creditor, after the final payment it is returned without additional papers.
When is writing required?
The Civil Code of the Russian Federation allows for various cases and life circumstances in which an oral agreement is possible in the performance of certain actions between the participants. For written transactions, the law outlined severe restrictions when necessary:
- agreement between organizations, entrepreneurs;
- events with an estimate above 10 minimum earnings.
By writing it is easier to confirm the accuracy of the transactions, there are more opportunities in protecting the interests of the parties, in making accounting entries for financial accounting. Do not exclude from the attention of the transaction, which are considered completed, after the state registration of the object.
Actions without legal consequences
Concluding agreements comes with different legal implications. There are conditions for the validity of transactions and the concept of invalid transactions. The Civil Code of the Russian Federation in article 166 established the provision that any arrangement is considered invalid if there are no legislative grounds for its conclusion. For example:
- a transaction disputed and recognized by a court;
- regardless of judicial recognition due to the nullity of the agreement.
Actions on invalid transactions are not endowed with quality on a legal fact and cannot have civil legal consequences. A similar phenomenon is created when the conditions are violated, when a valid transaction is concluded, then this is its direct antipode:
- content is illegal;
- individuals or legal entities are not able to participate;
- there is no expression of will of the participants;
- forms are not followed.
An agreement having absolute invalidity is called null and void. Contested agreements include actions with relative validity. Transactions that do not comply with legislative acts shall be deemed null and void provided that:
- the law does not establish the contestability of the agreement;
- no other consequences are foreseen.
In any case, illegal transactions do not carry the legal consequences that the participants wanted. The acquisition of stolen things, registration of real estate with a legally incapable person cannot give ownership to the acquirer. Void transactions can bring:
- the result laid down by law in the form of liability for the offense;
- claims from interested parties;
- judicial consequences;
- objectivity from the beginning of the conclusion of the contract in the form of invalidity;
- lack of legal force and without a court decision.
The court, by its recognition of the invalidity of the transaction, puts the final point in the legal relationship. Arbitrary agreements can be recognized by the courts if there are legislative grounds when the case is filed by authorized persons. In the absence of initiators, in order to challenge the action, the agreement will be deemed valid with the ensuing legal consequences that its participants tried to achieve. When transactions are made by fraud, they will be valid until the court finds the opposite. The contested contracts are endowed with characteristic features:
- they can be recognized at the legislative level; there is no invalidity prior to filing a lawsuit;
- only the person specified by law can challenge the action;
- court decision terminates the transaction.
An insignificant or disputable action can be recognized in a separate part of the agreement or conditions. The reason is:
- inconsistency of requirements;
- the presence of an error in the content;
- signing a contract under the influence of violence, deception.
If the court found only partial violation of the law, the rest will be considered lawful. Suppose, in a court, inheritance of real estate by testament is confirmed, but one of the heirs is denied the deprivation of inheritance rights. Jurisprudence highlights the existence of imaginary and feigned transactions in the rule of law. When concluding imaginary contracts, the participants have no intentions to fulfill them in reality, they are necessary for the species with a specific purpose. Fake deals are also endowed with signs of illegality. The participant performs actions to hide the true goals. The husband secretly tries to buy an apartment from his wife, and for a valid transaction, her consent is necessary, he makes the purchase on a gift certificate. Defendants of invalid transactions may expect consequences in the form of restitution:
If restitution is not required by law, the proceeds of the illegal transaction go to the state treasury.