Civil, and especially economic,turnover can not exist without a special institution - contract law. But what is the main element of it? What are the types of contracts in civil law? We will try to consider these provisions below.
The concept and types of contracts in civil law
Many represent the contract as writtendocument - an agreement on the basis of which one individual receives something, and the other gives up and, perhaps, also receives something in return. This is to some extent true. But let's try to derive a more precise definition.
The first thing worth mentioning about a treaty as a legal institution is that it always expresses the will of at least one individual in relation to another within the legal framework.
Second - the agreement is, at a minimum,between the two sides. It is not at all necessary that they in this agreement can have only rights or obligations, but also a mixture of them. So, the proportion of rights and duties is not always uniform. According to this criterion a certain classification of contracts in civil law is carried out, the consideration of which will be presented later.
The third is the establishment and implementation of rights and obligations by the parties to the treaty, as well as control over the implementation of the latter.
The fourth is the equality of the parties in thislegal relationship. Such a provision implies: the parties are entitled to demand its contestation, protection of the rights provided by the agreement, the modification of the contract on reciprocal conditions.
Proceeding from the above,
The agreement recognizes an agreement concluded between two or more parties on equal terms with regard to the establishment, modification or termination of relations within the legal framework of the state.
Types of contracts in civil law are numerous. Therefore, they require a separate consideration, which is presented below.
Classification of contracts in civil law
The division of contracts into species has not so muchscientific meaning, however practical. This provision is simply explained: the concept and types of contracts in civil law are aimed, first of all, at simplifying and establishing effective civil turnover. Therefore, eight basic criteria for division should be considered.
The first is intentions.In this case, the preliminary and the primary are distinguished. The preliminary agreement only indicates the intention in the future to conclude an agreement on a concrete fact. The main thing is the direct fixation of the emerging relations between the parties according to the facts defined in it.
The second is the number of parties. Types of contracts in civil law on this criterion are divided into multilateral and bilateral.
The third is for legal relationship. Namely, contracts are formed within the framework of certain civil or commercial relations: purchase and sale, leasing, factoring, contract, donation and so on.
The fourth - gaining strength - consensual andreal. In the first case, only the intention to transfer something under the contract is indicated and a possible deadline is indicated, but the contract is formally concluded from the moment of signing. The second option provides for starting the operation of the contract only with the fact of transfer of the subject matter of the agreement.
The fifth - on the participation of the parties in the development of the bodycontract. Thus, contracts are classified into interconnection agreements and mutually agreed ones. The latter are the result of negotiations between the parties, and the first - the agreement on the conditions that already exist.
Sixth - to spread rights and responsibilities -one-sided and two-sided. In unilateral agreements, the parties clearly state the powers of one party and the responsibilities for their implementation on the other. In bilateral agreements, duties and rights are distributed equally between the parties.
Seventh - according to the type of conditions offered - contractpublic offer and individual. The first implies the establishment of the same conditions for all counterparties, the second allows for the availability of specially stipulated conditions.
Eighth - the division into free and paid.
The above types of contracts in civil law bear profound practical meaning. Knowing the definition of a particular species, according to the above classification, an approximate text of the contract can be drawn up.
