What is the deal?
In life, we often face the need to conclude certain contracts and transactions. For example, selling your car, you must enter into a contract of sale, and the sale is a bargain. In order to avoid mistakes when making a deal, you need to know what is a deal.
What is a deal?
A civil deal is a legal fact on which the emergence of certain rights and obligations is based. In transactions, various property relations between citizens, between organizations, between organizations and citizens are expressed.
A deal is a volitional fact. In order to perform a legal action, the party to the relationship first ponders his decision, and then executes it. The will of the parties to the transaction can be expressed in various ways:
- verbal form - when transactions are executed when they are executed (a transaction made over the phone);
- in writing - transactions for which it is necessary to draw up certain documents (contracts);
- performing coherent actions (actions expressing the person’s intention to conclude this transaction - placing product samples at the exhibition);
- by silence, which must be recognized by the will to make a deal in cases specified by law or also by consent of all parties.
Actions in the form of transactions are quite diverse. They create economic relations of production, consumption and exchange, show the transfer of material benefits from producers to consumers (supply contracts, energy supply), provide an opportunity for unilateral actions to dispose of property in case of death (testament).
Types of transactions
- Depending on the number of parties: bilateral, unilateral and multilateral;
- Depending on the fact, whether the obligations, certain actions of one party in a given transaction correspond to counter obligations and actions of the opposite party to provide it with a material good: gratuitous and compensated;
- By the moment to which the emergence of a transaction is equated: consensual and real;
- Regarding the fact whether the transaction depends on its purpose: causal and abstract;
- Because of the dependence of the legal consequences of the transaction on the circumstances, which may or may not occur, allocate conditional transactions;
- Trust (fiduciary) transactions are singled out in a special group, they are based on personal trust relationships of the parties.
Consider what is a big deal. A major transaction in civil law is a transaction (including a loan, surety, pledge, loan) or several transactions that are interconnected with each other, which are connected with the acquisition, and also with the alienation of property by the company directly or indirectly. The value of this property should be 25, as well as more percent of the book value of the assets of the company. These can not include transactions that are made in the process of ordinary business activities of this company.
Deals are bilateral or multilateral and one-sided. Recognized as bilateral are transactions in the form of agreements between two persons or a plurality of persons (multilateral transaction) on termination or on the establishment of civil rights. These transactions are called contracts.
The sales contract is a bargain. A sales contract is a contract in which one party (the seller) undertakes to transfer the thing (goods) to the other party (buyer) in ownership, and the buyer undertakes to accept the goods and pay for it a certain monetary reward. This contract is two-way.
Unilateral transactions are such transactions if the will of the entire one party is sufficient to complete them. Examples of all kinds of unilateral transactions can serve as a will, the issuance of power of attorney, the refusal to execute the contract, etc.
Invalidity of the transaction
The invalidity of transactions due to the defect of the form of the transaction depends on what form for the execution of this transaction is established by contract or law.
Void transactions - transactions that do not meet the necessary requirements of the law. The invalidity of such transactions arises directly from the moment of their conclusion and does not require their recognition as invalid by a court. They, in turn, are divided into imaginary (transactions for the species, without any explicit intention to create their inherent legal consequences) and feigned ones (the parties deliberately want to get not the legal result that was originally supposed to arise from the transaction).
Promisible transactions - transactions that do not meet the mandatory requirements of the law, they can be invalidated only by a court decision.
Transactions play a big role in our lives.Making deals is an important legal way to exercise one’s civil rights, which makes it possible to dispose of the social and economic benefits that belong to him and to acquire benefits that belong to others.
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