Legal encyclopedia. Letter C

DEAL

- actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations.

C. in civil law - the most common legal fact, which is the basis for the appearance, change or termination of civil legal relations.

C. is characterized as:

1) a legal fact;

2) lawful legal action;

3) volitional act, in which the will of the person performing the action is manifested;

4) the action of a certain person, aimed at establishing, changing or terminating rights and obligations.

Classification С .:

1. In terms of the number of parties required for their commission, the following are singled out:

1) one-sided C., i.e. S., for the fulfillment of which, in accordance with the law, other legal acts or agreement of the parties, it is necessary and sufficient to express the will of one party;

2) double sided C., i.e. S., for the fulfillment of which it is necessary to express the agreed will of the two sides;

3) multilateral C. (contract) - S., for the conclusion of which it is necessary to express the agreed will of three or more parties. For multilateral C. characterized by the fact that the actions of the parties are aimed at achieving common goals.

2. By the criterion of the correlation of rights and duties are allocated:

1) paid C., in which the provision of something on the one hand corresponds to a counteroffer on the other hand;

2) gratuitous S., under which the granting on the one hand there is no counter granting.

Article 157 of the Civil Code of the Russian Federation also provides for such species of S., as:

1) S., committed under a suspensive condition, under which the parties established the emergence of rights and obligations as a function of the circumstances for which it is not known whether it will occur or not;

2) C., committed under the cancellation condition - in her case, the parties have put an end to rights and duties depending on the circumstances, about which it is not known whether it will come or not.

Transactions are made either verbally or in writing (simple or notarial).

According to Art. 158 of the Civil Code of the Russian Federation, S., which can be performed orally, is considered perfect in the case when the person's behavior shows his will to do it (concluding actions).

According to Art. 161 Civil Code, must be made in simple written form, with the exception of S., requiring notarization:

1) C. legal entities among themselves and with citizens;

2) C. citizens with each other for an amount exceeding at least ten times the statutory minimum wage, and in cases stipulated by law, regardless of the amount of the transaction.

Compliance with a simple written form is not required for C., which can be committed verbally, namely:

1) S., for which a written (simple or notarial) form has not been established by law or by agreement of the parties;

2) C., which can be verbally carried out by agreement of the parties, if this does not contradict the law, other legal acts and the contract.

Failure to comply with the simple written form of S. deprives the parties of the right, in the event of a dispute, to refer to the confirmation of S. and her conditions for the testimony, but does not deprive them of the right to give written and other evidence. In addition, failure to comply with the simple written form of S. entails its invalidity.

The law also provides for notarized S. According to Art. 163 of the Civil Code of the Russian Federation, a notarial certification of a license is carried out by making a notarial certificate on the document or another official authorized to perform such notarial action.

Notarial certificate of S. obligatory:

1) in the cases specified in the law;

2) in cases provided for by the agreement of the parties, at least according to the law for S. of this species this form was not required.

Failure to comply with the notarial form (and in cases stipulated by law, the requirements for state registration of S.) entails its invalidity. Such a S. is considered insignificant.