Civil and especially the economic, traffic can not exist without a special institution - contract law.But what is meant by its principal element?What are the types of contracts in civil law?We will try to examine these provisions below.
Concept and types of contracts in civil law
Many are contract as a written document - the agreement on the basis of which one individual gets something and the other pays, and possibly also gets something in return.This is to some extent true.But let us try to bring a more precise definition.
first thing worth mentioning about the agreement as a legal institution, that's what he always expresses the will of at least one individual against another within the legal framework.
second - the agreement is at least between the two parties.This is not necessarily that they are in this agreement may only have the rights or obligations, but also a mixture of them.Thus, the proportion of rights and responsibilities is not always uniform.According to this criterion is carried out to determine the classification of contracts in civil law, which would be presented later.
third - is the establishment and implementation of the rights and obligations of parties to the contract, as well as control over the implementation of the latter.
fourth - equality of arms in this relationship.This situation implies: the parties the right to demand its challenge, the protection of the rights granted by the agreement, amendments to the agreement on mutual terms.
Based on the foregoing,
Treaty recognized the agreement concluded between two or more parties on equal terms regarding the establishment, modification or termination of the relationship within the legal framework of the state.
Types of contracts in civil law are distinguished by their large number.And therefore requires a separate study presented below.
Classification of contracts in civil law
Separation agreements on species is not so much scientific value as it is practical.This provision is explained simply: the concept and types of contracts in civil law aimed primarily at simplifying and establishing effective civil turnover.And so should consider eight main criteria of division.
first - intention.In this case, release the preliminary and basic.Preliminary agreement only refers to the intention in the future to conclude an agreement on a specific fact.The main - is the direct fixation of the prevailing relations between the parties on the facts set out in it.
second - the number of sides.Types of contracts in civil law on this criterion is divided into multilateral and bilateral.
third - on the relationship.Namely, a contract formed in the framework of certain civil or commercial relations: the sale, leasing, factoring, contract, donation and so on.
fourth - Empowerment - consensual and real.In the first case, it denoted only an intention to convey something of the agreement and indicate possible time, but formally signed the contract upon signing.The second option provides for the start of the contract only with the subject of the transfer agreement.
fifth - on the participation of the parties in the development of the body of the treaty.Thus, the contract are classified in the merger agreement and mutually agreed.The latter are the result of negotiations between the parties, and the first - an agreement on the conditions that already exist.
sixth - the dissemination of the rights and duties - unilateral and bilateral.The unilateral agreements between the parties clearly painted on the one hand the powers and responsibilities for their implementation on the other.The bilateral treaties obligations and rights are shared equally between the parties.
seventh - by type of offer conditions - the contract of the public offer and an individual.The first involves the establishment of equal conditions for all contractors, the second is subject to the availability of specified conditions.
eighth - the division into gratuitous and onerous.
The above types of contracts in civil law are deep practical sense.Knowing the definition of a specific type, on the above classification is possible to make a rough text of the contract.
