What's the deal?

click fraud protection

rights and responsibilities with regard to customers and partners there, modified and terminated due to conclusion of transactions.What's the deal?In civil law transaction is defined as "the action of a citizen or legal entity, aimed at the establishment, termination or modification of their civic duties and rights" (Art. 153 CC).The deal - the action of a certain person.Such natural phenomena as floods, hurricanes, fire, strikes, acts of war, even though lead to legal consequences, but the deals are not.What's the deal, c point of view of the law?It only lawful action to be taken within its framework.Harm to the life, health or property of another person is not recognized as a bargain because this behavior goes beyond what is permitted by law.We have determined that the transaction is now consider two of its kind: a fiduciary and legal transactions.

Fiduciary transactions

By the nature of the relationship may be fiduciary transactions and nefidutsiarnoy.Fiduciary transactions - a transaction based on a relationship of trust both parties.The main feature, which fiduciary transactions differ from others, is that if you change the nature of relations between the parties, the loss of confidence can be a cause for termination of the relationship.Principal Attorney and in the Trust Deed shall have the right to cancel the contract at any time.An example of such a transaction may be a contract of agency selling the car.Principal (entrusting sell a car) and attorney (the one who instructed) may at any time terminate the deal with the reimbursement other side, of course, if such occurred.

legal transaction

Roman lawyers were not worked out the concept of a legal transaction.They use the terms (gestum, negotium, actum, actus) do not have a specific technical meaning.The formulation of this concept - the merit of modern taxonomy.Usually, the legal transaction will understand particular the establishment, termination or modification rights.The mutual relationship between people and their relationship to the objects of the world is partly regulated by law and custom, in part settlement of this relationship (especially chastnopravnyh) provided by the interested parties.Legal transactions are precisely the voluntary settlement of relations.The legal transaction does not exist, it will not yet transformed itself from an objective to a subjective form, that is, until its contents are not perceived by the stakeholders to whom this was addressed will.Therefore, a simple intention, such as someone willing his property, has no legal force.On the other hand, in order to get legal expression of the will of the consequences, it is necessary that the content of the contents of the will of the objective law.

So, we found that such a transaction, and considered two of its kind.In fact, the types of transactions more, and their detailed disclosure need not just one but a whole series of articles.