An example of unilateral transactions in civil law
It is considered the most ancient legal collection. At the same time it was used not only in the ancient Roman empire, but also studied until now. This code has become a great monument of ancient law. Nowadays there are many different contracts. If we study the statistics, it becomes clear that almost all legal actions that arise between the subjects of civil legal relations are transactions. Thus, the legal status of such procedures establishes their primary role in civil law.
Types and forms of transactions
All transactions by their nature can be divided into many types. Signs for this separation may be different. It is rather difficult to single out a single classification by type, since division occurs according to various grounds for this.
The main point in the division of transactions into types may be the number of parties involved in it. It is precisely depending on the number of subjects that they are divided into unilateral, bilateral and multilateral transactions.Examples of each type can be studied depending on which contract was concluded. In a unilateral transaction, only one party’s will is required, an example of unilateral transactions: these may be written testaments, acceptance or rejection of the inheritance, announcement of a competition.
If, in order to perform such an action, the will of several parties is necessary, then it will already be considered bilateral or multilateral. But the deal will be called a contract.
Also considered procedures can be divided into real and consensual. For consensual enough to enter into a commitment agreement. An example of such transactions is the contract of sale. The seller and the buyer reach an agreement, as a result of which the deal is concluded. The real ones are those obligations for which cannot arise before the transfer of a thing, for example, rent, loan, storage.
Another important aspect of the division of transactions, it is in the meaning of the basis for reality. In such cases, distinguish causal and abstract. It is worth remembering that the validity of the transaction depends mainly on the existence of grounds.In other words, what kind of legal result should be obtained in the final result.
There are transactions and the time of their conduct. They can be perpetual and urgent. In the first case, the moment of the beginning and end of the transaction is not specified. In the second case, the time frame of the procedure under consideration is strictly limited.
Another type of transaction are considered conditional transactions. Under this concept, there are those that have arisen or ceased due to various circumstances. Conditional transactions can be of two types:
- Perfect under suspensive condition. Examples of unilateral transactions under the suspensive condition: if it is stated in the will that the granddaughter can receive the inheritance only after he gets married. In other words, certain conditions have been set for the party that must assume rights and obligations.
- Committed to a derogation. An example of unilateral transactions made under the resolutive condition: when additional conditions are included in the contract. The delivery contract indicated that if at the time of receipt of the goods the price for it decreased, the parties may reconsider the moment of payment for the products.Or rather, when the party was placed in such conditions that the deal could end.
The concept of unilateral transactions in civil law
The transaction is any actions of citizens and legal organizations, as a result of which civil rights and obligations may be established, changed or terminated. The considered procedures are all actions that do not contradict the law, as a result of which certain rights and obligations appear between the subjects.
It should be understood that the transaction - it is targeted action on the occurrence, change or termination of civil relations. In this they differ from other branches of law, which are also aimed at the emergence and termination of rights and obligations between citizens and organizations.
A unilateral transaction is all committed actions of citizens and organizations, as a result of which legal relations appear, change or terminate. Since transactions are volitional actions, the essence of them is the will of one or both parties. This is the main element of legal relations that have arisen, which have certain legal consequences.
Forms of transactions are called ways of expressing, consolidating or witnessing the will of both parties. To conclude, it is not necessary to draw it up in writing, it is also quite possible that an oral agreement.
The legal consequences that arise after the registration of the contract, it is the result of the actions of persons. To this can be attributed: the acquisition of property rights, the emergence of powers of representation and much more. If the goal and the result are the same, then the procedure is considered completed. A unilateral transaction must be conducted in accordance with all requirements of the law. An example of a unilateral transaction is the drawing up of a will by a person, as a result of which the transfer of property to the heir after the death of the testator will be a legal consequence.
Unilateral transactions and the conditions under which they are considered valid
Terms of validity of one-way transactions:
- All conditions set forth in the document must be legal. In no case should a deal be in conflict with the law, it must fully comply with the rule of law.
- Perform such actions can only legal and capable persons.Legal entities, the state, local governments, municipalities are recognized as legal entities. Individuals to sign transactions must be capable.
- Will and volition must be one. If they are different, the transaction may be invalidated. Violation of the will may be in the case of pressure on the face or as a result of deception.
- Forms of the transaction must be complied with. The law provides certain rules for this, and if they are not respected, the transaction will be invalidated.
Requirements for a unilateral transaction
Any unilateral transaction must be legal and viable. Such an action is considered legal if it fully complies with all requirements of civil legislation. If one of the parties has unlawful interests, the transaction may be considered invalid. All permitted and unauthorized actions on such procedures are clearly regulated by the Civil Code of the Russian Federation.
Basic requirements for a one-way transaction:
- This is the possibility of its implementation.If it so happened that the end of the transaction can not occur, then it is considered to be unconcluded.
- At the conclusion of the transaction must necessarily comply with the legal and factual requirements. Legal requirements - that all the conditions of the procedure were legal, and the content itself must comply with the Civil Code, regulations and other laws that govern civil law relations.
According to the Civil Code of the Russian Federation, when considering the legality of a completed transaction, both the analogy of the law and the analogy of law are taken into account. Proceeding from this, if the relations of the parties in making a transaction are not regulated by law, but nevertheless do not contradict it, the transaction is recognized as legal.
Types of unilateral transactions
Unilateral transactions may be of the following types:
- Right-bargaining deals are drawing up a will and signing a power of attorney.
- Right-changing transactions - the performance of their duties and the adoption of debt.
- Ending transactions - waiver of any rights, offset requirements.
These are the main types of one-way deals. Examples of their appearance, change or end depend on the individual situation.
The form of the transaction is the way in which the will of the participants in the procedure is expressed. There are several varieties, the legislator, by appointing them, tries so that the will of the participants in the process is expressed as accurately as possible and has the correct perception.
Almost all forms of transactions are regulated by law, but if the need arose to use a variety that is not established by law, it can be oral.
The written form of the transaction - when all the will of the participants in the procedure is described on paper. If the transaction is made in writing, it must be signed by all participants.
It is worth noting that some types of written agreements require the mandatory notarization. And some transactions involve mandatory state registration.
Terms in transactions
Expiration in the transaction can be interpreted in different ways. You can take the example of the debtor and creditor. If the time of the transaction is completed, and the debtor has not fulfilled its obligations, the creditor may take one of two decisions:
- The lender will terminate the contract unilaterally and will try to recover all debts.
- The lender will not immediately collect the debt, and wait until the penalties begin, which, according to the Civil Code, the debtor will have to pay.
This is just one example of a unilateral transaction in civil law, in fact there are many more.
Example of one-way deals
It is worth remembering that a clear example of unilateral transactions is a written testament. In this case, the testator expresses his will about who will leave the inheritance. In this case, the opinion of the recipients is not taken into account, and often they are not aware of this at all.
Unilateral transactions also include:
- Issuance of power of attorney.
- Issuance of a check.
- Refusal or acceptance of inheritance.
- Promise reward.
- Announcement of the competition.
Notification to the addressee
Based on all the features of unilateral transactions, it turns out that such a procedure creates rights for the addressees and obligations for the party to this agreement.
The person who accepts the rights should clarify:
- How should the information be delivered? This may be mail, email, telephone.
- If the addressee has not received a notice without a valid reason, the transaction is usually terminated unilaterally.
Unilateral binding transactions
If in a unilateral transaction there are obligations for other persons, it is a unilateral binding transaction. An example of a unilateral transaction of such a plan is considered to be a testamentary refusal. It is compiled in accordance with Russian legislation.
The concept and functions of testamentary refusal
A testamentary waiver is a document stating that the testator assigns certain property rights to heirs. In case of a testamentary refusal, the testator requires heirs to fulfill certain property obligations in favor of third parties. Meanwhile, the legatees will be able to also require the heir to fulfill the obligations assigned to him.