2

Legal regulation of transactions

Content

• 1. Types of transactions 3
• 2. The legal consequences of transactions 9
• Bibliography 15
• 1. Types of transactions
• Transactions are recognized actions of citizens and legal persons to establish, change or termination of the civil rights and obligations.
• Transactions - acts of conscious, purposeful, strong-willed actions of individuals and entities committing that they seek to achieve a certain legal effects. The essence of the transaction amount will and will of the parties. Will - determined and motivated individuals wish to achieve the goal. The will is the mental process of regulating the conduct of actors. The expression of will expression of the will of a person outside, through which it becomes available to the perception of others. The expression of will - a crucial element of the transaction, which typically are associated legal implications. Modes of expression, or a witness will consolidate entities that commit a transaction, referred to as forms of transactions. The will may be expressed orally, in writing, the commission conclusive action, silence. Agafonova N. Civil law: textbooks. allowance for universities / NN Agafonova under total. Ed. AG Kalkina, because in total. and prof. Education of the Russian Federation, Moscow. Gos. Legal. Acad. - Publ. 2 nd, revised. and add. - M.: Yurist, 2002. - 542s
• The objective pursued by actors, a bargain, always cost legal nature - the acquisition of property rights, the right to use this thing, etc.
• The presence of all transactions of common traits does not exclude them on the types of units:
• - Unilateral, bilateral and multilateral;
• - Compensatory and grants;
• - Real and consensual;
• - Causal and abstract.
• In order to make a one-sided deal is that the will offered one side. Doing deals in favor of unilateral act of disposal of actors of civil rights and could create legal effects. As a general rule, one-sided transaction creates responsibilities for the person who committed the transaction.
• In order to make a bilateral deal should be the expressed will of two parties, each of which can be represented as one or more actors. The will of the parties in a bilateral deal to be counter-and concurrent.
• In order to make a multilateral transaction must be expressed wish for more than two parties. An example of a multilateral deal on the contract of joint activities, which may be a means for achieving overall business objectives.
• Reimbursable transaction is called, in which the responsibilities of the parties to commit certain acts in line with other cross-obligation to provide financial or other benefits. Reimbursable in the transaction can be expressed in the transfer of money, things, the provision of counter services, performance, etc.
• In a grant deal of consideration of the duty of the other party is absent. Gratuitous transactions can occur without restrictions on the relations between citizens. In relations with the participation of legal entities may grant a transaction if it is not contrary to law. Fundamentals of law. The manual for the system of secondary vocational education. Under the general editorship of A. Mickiewicz. - Moscow: NORMA-INFRA-M, 1998. - 317s.
• In order to make a real deal of agreement between the parties is not enough. There is a need for more transfer of property or committing other acts. The real deal on the transfer of some assets in property or other proprietary right, certain transactions on the temporary transfer of goods contracts of carriage of goods and some others.
• Consensual transaction - these are transactions that give rise to civil rights and responsibilities since the attainment of their parties to the agreement. Follow the transfer property or committing other acts carried out with a view to their execution, are consensual transaction of sale, as well as many of the transaction to perform work and services. Casual business has a legal purpose. Thus, the contract of sale are always visible, a good seller in the property transferred to the buyer. This is a clear and legal basis of ownership rights the buyer of the goods. The objective must be legitimate and attainable. Invalid the sale of property, not the owner, does not have the authority to do so, because goal - transfer ownership - is unattainable.
• Abstraction transactions as if torn from its foundation. Abstractness deal means that its validity does not depend on the foundation - purpose of the transaction. Example of abstract transactions - issuing promissory notes. Veksel certifies or no resulting obligation maker, or nothing due to the proposal specified in the bill payer to pay the promissory note when the term of the amount specified therein. Agafonova N. Civil law: textbooks. allowance for universities / NN Agafonova under total. Ed. AG Kalkina, because in total. and prof. Education of the Russian Federation, Moscow. Gos. Legal. Acad. - Publ. 2 nd, revised. and add. - M.: Yurist, 2002. - 542s.
• The transaction is considered a perfect condition, if the parties have termination rights and obligations in terms of dependence. From the conditions in the transaction should be distinguished period - a circumstance that inevitably will expire or will occur in the future. The term is dilatory if its onset is associated with the emergence of rights and duties, or dissolving, with its onset, if the rights and duties shall be terminated. Transactions - an important legal way to subjective civil rights. Making the deal, players manage the socio-economic benefits of belonging to them, and gain the benefits of others.
• The conditions of validity of transactions. The validity of the transaction is recognized for it as a legal fact, creating a legal result sought by the subjects of the transaction. The validity of the transaction is determined by the law through the following system conditions:
• 1. legality of the content; the ability of individuals and entities who commit it, to participate in the transaction;
• 2. with faith and expression;
• 3. compliance with the form of the transaction.
• The legality of the deal means its compliance with the requirements of the legislation. In cases of conflict between the feed contained in the legislation, the legality of the transaction shall be determined taking into account the hierarchical subordination of the legal acts established by Art. West GC. The legality of the transaction suggests that it corresponds not only to civil law, but his principles. Since the transaction - it is strong-willed action, it can only make able-bodied citizens. Those with partial or disabilities, have the right to perform independently only those transactions that are permitted by law. Legal lime, with the total capacity, can perform any transaction not prohibited by law, except contrary to the statutory objectives of their activities. The validity of the transaction involves a convergence of will and expression, mismatch between the actual desires, intentions and their expression is the basis of recognition outside the transaction invalid. It should be borne in mind that before a court of this mismatch detection is a presumption of convergence will and expression. Fundamentals of law. The manual for the system of secondary vocational education. Under the general editorship of A. Mickiewicz. - Moscow: NORMA-INFRA-M, 1998. - 317s.
• The transaction gives rise to rights and duties, subject to the required shape. Transactions can be committed either orally, in writing,, through conclusive acts, silence. The oral form of transaction is that the parties express the will of the words, which will directly perceived. Oral may be committed transactions that are executed at the them. An example of such a transaction can be made a purchase in a store. The written form of the transaction means that the will of persons who commit it, is fixed in a document signed by the person or persons conducting transactions, or their duly authorized persons. Conclusive action - conduct by which a person is found to engage in a transaction. Silence may be force if the law or by agreement of the parties it is attached to the property.
• Invalidity of transactions. Invalidity of transactions mean that the act committed in a transaction, does not possess the quality of legal fact that can give rise to those civil and legal consequences, of which the desired entities. Invalid transactions are divided into null and voidable.
• The transaction is considered null and void on the grounds established by law and other legal acts, because of the recognition of such courts, or independently of such recognition,.
• Nullity of the transaction means that the act committed in a transaction does not raise and could not produce desired for its participants because of the legal consequences of non-compliance with law. Buying stolen goods, purchase of valuable things from the incompetent can not give rise to ownership of the acquirer, the transaction void, as a wrongful act gives rise to only those consequences which the law in this case as a reaction to the offense. Fundamentals of law. The manual for the system of secondary vocational education. Under the general editorship of A. Mickiewicz. - Moscow: NORMA-INFRA-M, 1998. - 317s.
• The general rule of nullity of transactions is formulated as follows. The deal is not meeting the requirements of law or other legal acts, negligible, if the law does not establish that the transaction is rebuttable, or no other consequences of a breach. The existence of the law of the general rule is objectively necessary. Despite the fact that the legislature always seeks the most complete way to describe the specific types negligible transaction, objectively, he can not anticipate all types and possible cases of negligible transactions. Often seeming to prove the nature of the transaction it is very difficult. In such cases the inevitable need to establish the nullity of transactions on the court rules suit the production. Grounds for nullity of transactions are divided into general and special. Common reasons:
• 1. transaction committed for the purpose of opposing the rule of law and morality;
• 2. imaginary and sham transactions;
• 3. transaction by a citizen recognized incompetent because of mental disorders;
• 4. transactions committed by minors younger than fourteen years of age;
• 5. transactions committed in violation of the form, if the law specifically provides for such effects;
• 6. transactions committed in breach of the requirements of their state registration.
• Relative validity of transactions means that the acts committed as a transaction by the Court the basis of law invalidate the claim authorized persons. Rebuttable transaction are not being contested by the will of her party or other person authorized to do so, produce legal effects as the real. The deal, done under the influence of fraud, is valid and generates all of its consequences to date of the court to invalidate its claim to deceive. Among the rebuttable transactions legislation includes:
• 1. Transaction legal entity beyond its legal capacity;
• 2. transaction committed beyond the limits of authority to commit the transaction;
• 3. transactions committed by minors between the ages of fourteen to eighteen years;
• 4. transaction by a citizen, the limited capacity of the court;
• 5. transaction by a citizen, not able to understand the significance of their actions or to guide them;
• 6. transaction committed under the influence of delusion;
• 7. transaction committed under the influence of fraud, violence, threats, malicious agreement with the representative of one side or another combination of difficult circumstances. Agafonova N. Civil law: textbooks. allowance for universities / NN Agafonova under total. Ed. AG Kalkina, because in total. and prof. Education of the Russian Federation, Moscow. Gos. Legal. Acad. - Publ. 2 nd, revised. and add. - M.: Yurist, 2002. - 542s.

2. The legal consequences of transactions

If the transaction is committed in violation of the law, are not implemented, it is canceled. If the transaction is declared invalid in whole or in part is executed, the question arises about the consequences of the invalidity of the property.

The main consequence of the invalidity of a property transaction is a bilateral restitution. Each party shall return all received by another transaction, and in case of inability to repay in kind received to reimburse the cost of money.

According to Clause 2, Article. 167 CC two-way restitution is in all cases, the invalidity of the transaction, if the law does not otherwise specified. provides for restitution of bilateral deals, by:

1. in violation of the form;

2. violation of state registration of transactions;

3. beyond the capacity of legal person;

4. beyond the limits the authority to commit the transaction;

5. disabled citizens;

6. child younger etc.

Another legal consequence of the invalidity of the transaction is a unilateral restitution is that the performance gets back only one party. The other the party does not get executed. It is transmitted to the state. If, however unfair the party did not have to execute a transaction to the state budget is passed that is enforceable. As with bilateral or unilateral in the law provides for restitution in some cases, additional property implications in the race moves Vice reimbursement, the cost of lost or damaged property. Thus, recognizing the transaction null and void as the conclusion to a national, recognized as incapable, capable party, other than refund received in the transaction, the counterparty to reimburse her as he suffered actual injury, if it knew or should have known about his disability.

Denial of restitution and treatment of what has been referred to the execution or to be transferred in the transaction, to the state is a special kind of recognition of the effects of the transaction invalid. This effect provides, in recognition of the transaction null and void as perfect, with a view to opposing the rule of law and morality. Summon back may only party acted without malice. Guilty party must convey to the state all that was owed to her. If you received was spent in government revenue is transferred to recovery money. Agafonova N. Civil law: textbooks. allowance for universities / NN Agafonova under total. Ed. AG Kalkina, because in total. and prof. Education of the Russian Federation, Moscow. Gos. Legal. Acad. - Publ. 2 nd, revised. and add. - M.: Yurist, 2002. - 542s.

The notion of timing and types of civil law. Civil legal there in time, which in many cases has an important influence on their development. Of particular importance is for civil rights, the very existence of which is time limited, for example, the term of the signed agreement, because they can be realized only during this time. In many cases, and the protection of the infringed right is limited to time frames. Therefore, the implementation and protection of civil rights are often directly dependent on the time factor. But the legal significance is not in itself a process over time, a sequence of different links and sites, and its separate phases, segments, called the timing. The onset or after the deadline entails legal consequences in the form of, modification or termination of legal relations, ie is a legal fact.

Usually the term refers to the legal facts - events, since over time an objective and not dependent on the will of the people. However, the establishment and determination of duration of strong-willed is the origin, the dates in the civil law shall be prescribed by law or regulations, judicial decisions or transactions. Many time-frame may be suspended or reinstated, which also spoke of their strong-willed nature. Therefore, most dates are twofold: as a strong-willed, by origin, they are linked to an objective process over time. As a result, they are a special category of legal facts that can not be attributed either to events or actions to most but not all have the term civil-legal significance.

Legal value usually has a beginning, or the termination date. It breeds during the period of civil legal consequences only in conjunction with other legal facts, for example, warranty or rock limitation.

Date, time of the time, were excluded by the statutory rules. In accordance with Art. 191 CC deadlines begin to run on the following day after the calendar date or event, as defined by their start.

The implementation of civil rights - this time limit within which the authorized person may exercise their, including by requiring the commission of certain acts of the person obligated. They authorized the provision of real opportunities for individuals of their rights. In turn, among these periods allocated to the existence of civil rights, preclusive and warranty period. Terms of the civil rights represent the duration of subjective rights in time. They are designed to provide authorized individuals the time to realize their rights and at the same time give some certainty and stability to civilian traffic. With the expiration of the term subjective civil right is terminated, and the possibility of its implementation is lost.

Preclusive Dates set the limits of civil rights. They provide authorized persons is strictly a time for the realization of the rights under threat of termination of those rights. Rumynina V. Fundamentals of Law: Training Manual. - Moscow: NORMA-INFRA-M, 2005. - 256s.

The warranty period of time - periods during which the seller, manufacturer or otherwise ensures the suitability of goods or services for use on a normal appointment, as purchaser has the right to demand free removal detected deficiencies, the replacement of the goods, or any other application installed law or contract effects. Variety of warranty periods are the dates of service that are established for goods, durables. In contrast, the expiry dates set forth for food, medicine and other goods are the periods, after which the product is considered unfit for use appointment and therefore not subject to sales. They represent a kind of preclusive time limits and therefore should not be equated with the warranty period.

Dates of performance of duties - the periods during which the liable person must fulfill the obligations incumbent upon them. These deadlines are often set by agreement between the parties, and sometimes not determined or determined by the time demand. Violation of timing performance of duties is the basis for the application to the infringer of liability.

The term of protection of civil rights - provided by authorized persons for the time periods of treatment to the offender or the court with the requirement of protection or enforcement of their rights. These include the claim date and time frame limitation. Claims period set duty authorized person previously to apply to meet their demands to the alleged violator to meet them on a voluntary basis. They may be fixed by agreement or custom business turnover and in this case does not affect the rights of authorized the person to judicial protection. Until recently, compliance with these deadlines, it was a sine qua non of the arbitral tribunal with a claim to legal persons. Meanwhile, the threat of losing the right to sue because of the non-order claim, in essence, makes the claim preclusive time limits and contrary to the principle of free, self-enjoyment of civil rights. It is no coincidence that the binding order is not known claim or developed legal systems nor international commercial traffic. Therefore, a new civil law retains it only as an exception, mainly in transport obligations.

Limitation periods. Recognizes the limitation period for the forced protection of violated morality by an action in the Court. Purpose limitation - to give the victim a strictly defined, but it is enough time to protect his rights, but after a suit forced the victim is deprived of the possibility of protection of their rights, it infringed the right to remain. These dates differ from suit preclusive deadlines, after which it bears the loss of rights.

Statute of Limitations is designed to help eliminate the instability, uncertainty as to the participants of civil turnover. If there is no authorized person could be as long as you want to keep the faulty debtor under threat of public exposure measures, not realizing his interest in protecting those rights.

The general limitation period applicable to the majority of the requirements of civil law, is set in three years. For the individual requirements of the law may set a specific period of time limitation as the reduction or longer, compared with the general term. Thus, in accordance with Art. 181 CC sued for annulment rebuttable transactions may be brought only within one year from the date of the right to sue, but for the requirements of the application of the consequences of the invalidity of the transaction is null and void a 10_year limitation period. Special Statute of limitations provision of transport legislation. For specific dates set the same treatment as for the general, including the rules of calculation, the suspension and interruption, the consequences of the expiry. Rumynina V. Fundamentals of Law: Training Manual. - Moscow: NORMA-INFRA-M, 2005. - 256s.

The suspension, interruption and restoration of limitations. Filing suit in court, and possibly after the expiration of the term. The court did not have the right to refuse consideration of such a requirement, particularly because the person as a result of the proceedings, you can determine if, in fact, expired limitations and not whether the circumstances involving her suspension, the suspension or reinstatement. In this context, the right to require a trial the applicant, regardless of the expiration dates. Other case law for forced protection, which, according to the above reasons, can only be exercised within the limits of period. Limitation apply to the court on the parties to the dispute, and made up to the time-judgment (Clause 2, Article. 199 CC).

After the termination of the circumstances, suspend the prescription, it continues during the remaining period. However, in the interests of the entitled person limitation in these cases is always longer or up to six months, or for a period of limitation, if it is reduced to six or less months. A special case of suspension of limitation, the law refers to the abandonment of the claim presented in court without consideration. Rumynina V. Fundamentals of Law: Training Manual. - Moscow: NORMA-INFRA-M, 2005. - 256s.

Suspension of limitation here occurs regardless of the time being abandoned without a consideration of the claim, and its course after the abandonment of the claim without considering continuing in a general manner. No extension timing does not occur, except in cases of abandonment without consideration of a civil suit, filed in the criminal process. Certain actions of the parties, the harm-they have taken over term, after dropping off his break a period of limitation shall begin to run again, but the last time before the break is not counted in its length. This interruption of limitation different from the suspension of civil rights. Not mandatory order unknown or developed legal systems nor international commercial traffic. Therefore, a new civil law retains it only as an exception, mainly in transport obligations.

Limitation is suspended by two circumstances:

1. presentation of the claim in the prescribed manner;

2. an obligated person action indicating recognition of its debt.

In the first case to break the court action is necessary to consider, ie compliance with established civil procedural law rules of jurisdiction or responsibilities, the processing and payment of duty of the statement of claim, etc.

Bibliography