Right is a complex phenomenon that wascreated to regulate public relations. It should be noted that the system of legal norms did not always coordinate society. The forerunners of law were violence and religion. Over the course of time, such regulators of public relations have shown their complete inefficiency. In turn, the law proved to be excellent in the sphere of influence on the society and the processes of interaction arising in it.
Следует отметить, что юриспруденция на today regulates just a huge number of specific, completely dissimilar relations. Their appearance is caused by special legal factors. The population of the Russian Federation in the course of their life activity may enter into legal relations, which are coordinated by the civil branch of law. One of these can be called commitments. This kind of relationship has its own specific and unique form. As a rule, obligations are expressed in contracts. The latter category is also endowed with a mass of various and extremely interesting moments. For example, in the theory of civil law, real and consensual agreements are distinguished. Categories are similar to each other, but the specificity of their occurrence and implementation makes many scientists remain in deep thought.
The concept of a contract in civil law
Modern civilization is largely builtit is on the obligation relationship, and only then on all other types of relationships. Therefore, the contract is a key category of civilian industry. According to Article 420 of the current Civil Code of the Russian Federation, a contract is an agreement of several persons aimed at terminating, establishing or changing any legal relationship. The category is manifested in various forms. Examples are real and consensual contracts. At the same time, civil law gives an exhaustive list of legal issues that give rise to these categories quite fully.
Basic concepts of the contract
The agreement of several persons is legislative.interpretation of the category mentioned in the article. But, as we understand, there are a large number of doctrinal judgments about the concept of a contract. Thus, this term is used in the following meanings:
- as a written document fixing a specific obligation;
- as a specific fact of legal significance;
- as a specific legal relationship.
In this case, we are trying to find out what real and consensual agreements are. Therefore, these categories should be considered in the form of an integrated legal relationship.
Contract demarcation and obligations
Many legal terms are incomprehensible to modernto people. This leads to the fact that in the use of certain concepts are confused among themselves. Similarly, this is the case with terms such as contract and commitment. It should be noted that the first term is broader in its meaning and nature. After all, a commitment is a legal relationship in which one party must perform or refrain from committing certain actions. As a rule, this category exists within the framework of the existing agreement between persons. Thus, a contract is a specific legal position of several parties, the basis of which is an obligation or several relations of this nature.
Real and consensual treaties in civil law
Any and all relations between the parties incivil law can be classified based on different criteria. Today, scientists distinguish preliminary, basic, simple, gratuitous, multilateral, public, non-public and other types of contracts. The division of concepts is carried out on any common basis. Real and consensual agreements are a specific type of agreement. Their classification is based on the moment when the obligation actually arose. Thus, real and consensual agreements arise from completely different legal facts.
The value of dividing agreements into two types
Contract classification makes sense for scientificareas of activity. In addition, the separation of agreements on any principle has always been doctrinal, because the legislator does not in any way group obligations. Real and consensual agreements in a special part of civil law are inscribed in a chaotic manner. However, in the scientific community a theory was advanced about the existence of the presented types of obligations and their specificity. The judgment was perceived, which helped to identify the key points of real and consensual agreements. Theoretical development allowed to significantly upgrade the mechanism of their conclusion and implementation. But in order to understand all the key aspects of real and consensual treaties, it is necessary to analyze the categories separately.
Real deal
Without exception, the real contracts arefairly simple legal structures. This thesis goes out of the essence and the moment of the actual occurrence of the agreement. According to most of the civil theories and regulations of the regulations, the reality of the contract is expressed in the need to transfer things for the "launch" of the obligation into action. In other words, the parties in legal relations of this kind are interested exclusively in the subject matter of the agreement, which plays a very large role. In fact, the lack of fact of the transfer of things does not allow us to talk about the end of the process of concluding a contract. Among the obligations of this kind include the following:
- the lease of any vehicle (the obligation is considered to be executed from the moment when the tenant gets the opportunity to drive a car, motorcycle, etc.);
- loan agreement (entry into force begins after the actual transfer of the agreed amount of money);
- storage agreement.
Real and consensual treaties of the Civil Code of the Russian Federationrelate to each other in proportion. In other words, agreements of the first type are less common than obligations of a consensual nature. Therefore, this category is of great interest in the scientific community.
Consensual agreement
The second type of civil contractsIt is based on the fact that the parties come to a single decision at the time of agreeing on all the relevant conditions. In other words, the act of commitment does not require the transfer to the possession of any thing. Real and consensual treaties of the Civil Code of the Russian Federation are different in this sense. Because the structure of the mechanism for their implementation and action is completely different. In the theory of civil law, it is consensual agreements that are developed more often than real-type agreements. This is due to the peculiarities of the obligations that the legislator has established. The bottom line is that most of the treaties enshrined in the Civil Code are of a consensual type, but more on that later.
Theoretical characteristics of the category
The very existence of consensual contractsproceeds from the doctrine of civil law, which implies equality of the parties in almost all mutual relations. In other words, such obligations are an expression of a free, developed civil-state system. The basis of consensuality in the agreements is the mutual trust of the parties. Persons, even before the conclusion of an appropriate agreement, single out subjective rights and obligations that must be subsequently exercised. A consensual agreement implies the fulfillment of specified rights and obligations, that is, there is an emphasis on the good conscience of the parties. The characteristic point of such agreements is also a simple form in which individuals do not give each other any weighty guarantees.
It should be noted that the agreements submittedType in all cases are bilateral. This fact is derived not only in the doctrine, but also in the legislative framework. A feature of consensual agreements is that the parties to such agreements equally have rights and obligations. Therefore, relations arising from obligations are the most complete and legally correct.
Historical prototype
Most existing civilian typesagreements came to us from roman private law. Real and consensual contracts are no exception. The Civil Code of the Russian Federation provides an exhaustive list of such agreements. But if real contracts did not leave a significant imprint in history, then consensual obligations have their own prototype. In Roman private law, there was an institution such as stipulation. It was a kind of oral contract, characterized by a high level of formalism and abstractness. But its distinguishing feature was the obligatory verbal formula.
That is, to establish such an obligationit was necessary to say certain words in order to get a positive or negative answer. The main difference between stipulation and consensual contracts is the absence of a mandatory formula of words in the structure of the latter.
Legislative examples of obligations
Real and consensual contracts are formsobligations stipulated in most of the Civil Code. Therefore, examples of such agreements must be sought precisely in this regulatory act. Among the consensual can be attributed to a large number of different contracts, namely:
- purchase agreement;
- employment agreement;
- supply agreement;
- contract agreement, etc.
Conclusion
So, we looked at the real and consensualtreaties. Examples can be found in the current Civil Code. It should be noted that the classification of agreements is of great importance both for theory and for practice. After all, an understanding of the specific features of treaties makes it possible to improve the mechanism for their implementation and immediate implementation.
