The concept and characteristics of the transaction

The transactions in civil law

Content

Introduction

1.The concept and characteristics of the transaction

2. Classification of transactions

3. The conditions of validity of transactions

Conclusion

Bibliography

Introduction

Civil law - a system of rules governing social relations in the field of civilian traffic.

Through the transactions carried out by the regulatory process of property relations in society: citizens enjoy the services of consumer services, retail trade, transport, dispose of their property. Different organizations will enter into a relationship to the supply of goods, construction, transport of goods, procurement of necessary materials, etc. Citizens and legal persons that perform a variety of actions, which arise as a result, modified and terminated the rights and responsibilities.

Civil law is the regulation of commodity-money relations and other participants who are equal, separate and independent from each other. The primary legal tool string and determine the content of the relations between these actors is the deal. The relevance is that the deal - the legal means by which the socially and economically equal and independent actors establish their rights and responsibilities, ie legal limits of freedom of behavior.

Transactions play in public life, multifaceted role. Therefore, the principle of civil law, admissibility of - validity of any transaction not prohibited by law, ie triggered the principle of freedom of transactions.

The purpose of the work - to the notion of a transaction, to show its importance at the present stage of development of our country, consider the types of transactions and their powers, as well as to consider the grounds voidability transactions.

To achieve the goal, we use the following tasks:

1. Search and explore the relevant topic literature;

2. Give the notion of transactions in civil law;

3. Consider the types and conditions for the validity of transactions;

4. Expand the general conditions of the invalidity of transactions and the consequences of recognition of the transaction null and void;

5. Explore the grounds negligibility (absolute invalidity) and the grounds voidability (relative invalidity) transactions.

When you write a paper used in various research and normitivnaya literature. References such authors as Vitryansky V., Kheifets FS, Tomilin AF and many others.

The concept and characteristics of the transaction

Legal definition of the transaction is provided in article 153 of the Civil Code Civil Code of the Russian Federation.

Transactions recognized actions of citizens and legal persons to establish, change or termination of the civil rights and obligations». And in this article does not indicate that the subjects of transactions can not be foreign nationals, stateless persons or entities. Analyzing the legal definition of a transaction, it can highlight the following signs:

· The deal - it is always a volitional act, that is, effect of an entity.

· The transaction is always specially designed to achieve a certain legal purposes, ie the emergence, change or termination of civil legal relations.

· The deal - it is lawful act.

Trades always are a willed act. They are committed to the will of the participants of civil turnover, and are acts of conscious, purposeful, strong-willed action by natural and legal persons who have committed that they seek to achieve certain legal effects. The essence of the transaction will constitute the inner and the will of the parties. [1]

Inside the will can be defined as the intent of a person to produce certain legal rights and responsibilities. However, the internal will to commit the transaction is not enough, it is necessary to bring the attention of others. The ways in which the interior will be expressed outside, called the will. The mere expression of will, in turn, is divided into 3 groups:

Direct - committed, either orally or in writing.

Indirect (conclusive) - from the person who wants to commit the transaction, such actions come from the contents of which show his intent to commit the transaction. A feature of this mode of expression is that it can be done only for transactions that may be committed verbally (p.2 st.158 CC).

Through the silence - is allowed only in cases directly provided for by law or by agreement of the parties. The parties may agree that the silence of both parties to the contract after its expiry date means the extension of the treaty.

In order to deal critically important to full compliance with the will and the will, otherwise the transaction may lead to disputes between the parties.

To understand the essence of the transaction also needs to understand the term base transaction. This term refers to a legal result to be achieved execution of the transaction. That is reason the transaction - this is what it is.

Motive - another element of mental attitudes to the committed actions, which may be relevant to the transaction. As a general rule, the reason for which is the transaction, its purpose, has no effect on its validity. However, the legislation provides for some exceptions to this general rule: st.169 CC contains the definition of invalid transactions, done with a view, obviously opposing the rule of law and morality. That is, the transaction will be void.[2]