Classic types of contracts in civil law

Civil and especially economic, turnover can not exist without a particular Institute – contract law. But what is meant by its key element? What are the types of contracts in civil law? Try to consider these provisions below.

Concept and types of contracts in civil law

Many think the Treaty as a written document-the agreement on the basis of which one individual gets something and the other gives, and perhaps also gets something in return. This is to some extent true. But we will try to put a more precise definition.

The First thing to mention on the contract as a legal institution, is that he always expresses the will of at least one individual against another in the legal field.

The Second – the agreement is at least between 2 parties. This does not necessarily that they are in this agreement can only have rights or obligations, but also mixing them. So, the proportion of rights and obligations is not always uniform. According to this criterion is a certain classification of contracts in civil law, the consideration of which will be presented next.

Third – the establishment and implementation of the rights and obligations of the parties to the agreement and control the execution of the latter.

The Fourth – the equality of the parties in this relationship. This implies: the parties may demand his challenge, the protection of the rights provided by the agreement, of amendments to the agreement on mutual terms.

Based on the foregoing,

A Contract is an agreement between 2 or more parties on an equal footing regarding the establishment, change or termination of the relationship within the legal framework of the state.

Types of contracts in civil law are characterized by their multiplicity. And therefore require separate consideration below.

Classification of contracts in civil law

The Division of contracts into types is not so much scientific value as it is practical. Due to this provision is simple: the concept and types of contracts in civil law is aimed primarily at simplification and the establishment of effective civil turnover. Hence, one should consider eight key criteria of division.

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First – intentions. In this case, allocate the preliminary and main. A preliminary agreement indicates the intention in the future to conclude an agreement on the specific facts. Main – immediate fixation of relations between the parties on certain facts in it.

The Second – the number of parties. Types of contracts in civil law according to this criterion are divided into multilateral and bilateral.

Third – on the relationship. Namely, the contract is formed under certain civil or commercial relations of purchase and sale, leasing, factoring, contract, donation, etc.

The Fourth – the attainment of power – consensual and real. In the first case indicated only the intention to pass under the contract and specifies the duration, but the agreement is formally concluded with the signing. The second option would be start of the contract only with the fact of transfer to the subject matter hereof.

Fifth – the participation of the parties in the development of the body of the contract. So, contracts are classified into an accession agreement and mutually agreed. The latter are the result of negotiations between the parties, and the first – agreement on conditions that already exist.

Sixth – distribution of rights and responsibilities – unilateral and bilateral. In unilateral contracts between the parties clearly itemized the powers of the one hand and responsibilities for their implementation on the other. In bilateral contracts the obligations and rights are shared equally between the parties.

Seventh – referring to the proposed conditions – the contract of a public offer and individual. The first involves the establishment of equal conditions for all contractors, the second allows the possibility of specially stipulated conditions.

Eighth & ndash; division of unpaid and paid.

The above types of contracts in civil law are profound practical sense. Knowing the definition of a particular type, according to the above classification it is possible to make a provisional text of the Treaty.