Types of Transactions
Deal - this is the free action of an individual citizen or legal entity with other parties that are aimed at establishing, terminating or changing civil obligations or rights.
The main terms of the transaction are such. The transaction is considered to be perfect for types of real estate transactions or, for example, types of transactions with securities, if the termination of rights and obligations is made by the parties in dependence on circumstances, the occurrence of which is temporarily in doubt. In the event of the occurrence of conditions of unfair hindrance from one of the parties, the transaction is deemed to be perfect.
Transactions can be made orally and in writing (simple or notarized).
Transactions with real estate. These types of transactions include leases, sales, inheritance, donations, annuities, etc. State registration of rights to immovable property and types of transactions with it are a legal act of recognizing the occurrence, transfer to another person or termination of rights to real estate under the Civil Code of the Russian Federation. Gosregistratsiya actually is the only type of evidence of registered law. Such a right can only be disputed through a court.
By the method of expression of will types of transactions are divided into: transactions of direct expression of will (in oral and written form: contract, exchange of letters, etc.); indirect expression of will (when from the person who intends to make a transaction, proceed actions that indicate his intentions to accomplish it: payment of travel in transport, placing the goods on the counter, etc.); the expression of will by silence.
By the number of participants types of transactions are one-sided, two-sided andmultilateral (by the number of persons expressing the will). Such contracts can be classified on the basis of payability, which is their most complete characteristic. Compensatory contracts are transactions in which a party can receive a counter grant for the performance of its duties. Accordingly, gratuitous transactions are called so if the party does not receive counter-delivery for performing duties on it.
At the time of occurrence, types of transactions real (come after the transfer of things, money or the performance of other actions by one of the participants) and consensual (to reach them it is sufficient to reach agreement on the transaction).
By the value of the basis of the types of transactions can be causal (on a certain basis) and abstract (when the ground is recognized as legally indifferent).
By maturity, the types of transactions distinguish between urgent and unlimited. In the indefinite, the moment of its entry into force and the moment of its termination are not determined. Urgent refers to such transactions in which these items are indicated. At the same time, compliance with the deadline is their prerequisite.
In addition, stock exchange (committed on the exchange with the goods) and fiduciary (have a confidential nature).
Types of transactions of an invalid character. Such transactions mean that all actions,which took place in the form of a transaction, do not have the visible qualities of a legal fact that could give rise to certain legal consequences. Types of transactions that are not valid are voidable transactions (as the court acknowledges) and void transactions (regardless of judicial recognition),
To invalid transactions are the following: Non-compliant with the law, committed for the purpose of opposing the rule of law; committed with irregularities in form; not corresponding to the true will of all parties; committed in a state of delusion; feigned transactions that involve other purposes than those specified in the contract; incurred by incapacitated parties; committed by persons on the verge of bankruptcy; committed outside the competence of legal entities, etc. Negligible transactions that were concluded by minors (under-age, up to 14 years) are considered insignificant.
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