Consensual and real contracts in civil law

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2018-03-28 18:26:17

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Right – it is a complex phenomenon that has been created for regulation of public relations. It should be noted that the system of legal norms is not always coordinated society. The precursors of law were violence and religion. With the passage of time such regulators of social relations showed its complete ineffectiveness. In turn, the right proved to be excellent in the sphere of influence on society and processes of interaction that occur in it.

It Should be noted that the law today regulates a huge number of specific, quite similar among themselves legal relations. Their appearance invoked a special legal factors. The population of the Russian Federation in the course of their life can enter into legal relations, the coordination of which is the civil branch of the law. Some of these can be called commitments. This kind of relationship are different and unique shape. Typically, commitments are expressed in treaties. The last category is also endowed with a lot of different and very interesting points. For example, the theory of civil law are real and consensual contracts. Categories are similar to each other, however, the specifics of their occurrence and realization leads many scholars to be in deep thought.

real and consensual contracts

The Concept of a contract in civil law

The Modern civil law is largely built on commitment relationship and only then on all other types of relationships. Therefore, the agreement is a key category for the civilian sector. According to article 420 of the current GK the Russian Federation, the agreement-the agreement of several persons, aimed at ending the establishment of or a change in any legal relationship. Category manifests itself in various types. An example is real and consensual contracts. Civil law gives an exhaustive list of legal issues that lead to these categories adequately.

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real and consensual contracts civil right

Basic concepts of contract

The Agreement of several persons – legislative interpretation referred to in article category. But, as we know, 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 recording a specific obligation;

real and consensual contracts examples find

  • As a specific fact of legal significance;
  • As a specific relationship.

In this case We are trying to figure out what constitutes the real and consensual contracts. Therefore, these categories need to be considered in a complex relationship.

The Separation agreement and liabilities

Many legal terms incomprehensible to modern people. This leads to the fact that in everyday life the different concepts are confused with each other. Similarly is the case with terms such as contract and obligation. It should be noted that the first term is the value and nature more broadly. After all, commitment – it is a relationship in which one party must do or refrain from certain actions. As a rule, this category exists under the current agreement between the parties. Thus, the agreement – is the specific legal position of several parties, the basis of which is the obligation or more relationships of this nature.

Real and consensual contracts in the civil law

Without exception, the relationship between the parties in civil law can be classified based on different criteria. To date, scientists have isolated a preliminary, basic, simple, free, multilateral, public, nonpublic, and other types of contracts. The separation of the concepts is made on any common basis. Real and consensual contracts are a specific type of agreements. Their classification is based on the time when the obligation arose. Thus, the real and consensual contracts arise due to a variety of legal facts.

The value of the dividing agreements into two types

Classification of contracts makes sense for the scientific sphere of activity. In addition, the separation agreements, any principle has always been doctrinal, because the legislator does not group obligations. Real and consensual contracts in the special part of civil law is inscribed in a chaotic manner. However, in the scientific community put forward the theory of the existence of the obligations and their specificity. The judgment was perceived that helped to identify the key points real and consensual contracts. Theoretical development allowed to significantly upgrade the mechanism of conclusion and implementation. But to understand all key aspects of the real and consensual contracts, it is necessary to analyze the categories separately.

real and consensual contracts in civil law

The Real deal

Without exception, All real contracts are quitesimple legal structures. This thesis comes from the very essence and the actual occurrence of the agreement. According to most civil law theories and the provisions of the acts, the reality of the Treaty is expressed in the need to transfer things to “start” commitments into action. In other words, the parties in a legal relationship of this kind are only interested in the subject of the agreement, which plays a very important role. In fact, the absence of a transfer of a thing gives us the opportunity to talk about the end of the Treaty process. The obligations of this type include the following:

  • The lease of any vehicle (the obligation shall be considered performed from the moment when the lessee gets the opportunity to drive a car, motorcycle, etc.);

real and consensual contracts in the special part of civil law

  • Loan agreement (entry into force starts after the actual transfer of agreed amount of money);
  • The custody agreement.

The Real and consensual contracts of the civil code are not related proportionally. In other words, the agreement of the first type are less common than the consensual basis of obligation. Therefore, this category of causes in the scientific community on the order of greater interest.

Consensual agreement

The Second type of civil contracts based on what the parties come to a decision at the time of approval of all significant conditions. In other words, commitment is not required to transfer possession of any thing. Real and consensual contracts of the civil code in this respect differ. Because the structure of their implementation mechanism and the action is completely different. The theory of civil law consensual agreements are developed most often than agreement real type. This is due to the commitments established by the legislator. The point is that the majority enshrined in the Civil code, contracts are consensual type, but more on that later.

Theoretical characteristics of the category

The Very existence of consensual contracts based on the doctrine of civil law, which implies the equality of the parties in practically all mutual relations. In other words, such commitments are an expression of freedom, development of civil-state system. The basis of consensuality in the agreements is the mutual trust of the parties. Person even before the conclusion of the relevant agreements allocate the rights and obligations, which then have to be implemented. A consensual contract involves the implementation of the stipulated rights and obligations, that is, we focus on the good conscience of the parties. The characteristic point of such agreements is also a simple form in which the parties provide to each other any significant guarantees.

It Should be noted that agreements are presented in all cases are bilateral. This fact is derived not only in doctrine but also in the legislative framework. Feature of consensual contracts is that the parties to such agreements equally have both rights and responsibilities. Therefore, obligations arising from the relationship are the most complete and legally correct.

Historical predecessor

Most of the existing civil types of agreements have come to us from Roman private law. Are no exception the real and consensual contracts. The civil code gives an exhaustive list of such agreements. But if real contracts have left a significant imprint in history, consensual obligations have their own prototype. In Roman private law there was such an institution as stipulate. It was a kind of verbal contract containing a high level of formalism and abstraction. But its distinctive feature was a mandatory verbal formula.

real and consensual contracts of the civil code

That is, to establish such obligation was necessary to say certain words with the aim of obtaining a positive or negative response. The main difference of stipulatio from consensual agreements is the lack of structure of the latest must-have formulas from words.

Legislative obligations examples

The Real and consensual contracts – forms of obligations provided for in the greater part of the civil code. Therefore, examples of such agreements should be sought in this normative act. Among consensual it is possible to classify a large number of different treaties, namely:

  • Agreement of purchase and sale;
  • The contract of employment;
  • Supply contract;
  • Agreement contract, etc.

real and consensual contracts Ledger

Conclusion

So we looked at the real and consensual contracts. 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, the understanding of the treaties gives the opportunity to improve the mechanism of their implementation and realization.


Article in other languages:

AR: https://www.tostpost.com/ar/education/1947-consensual-and-real-contracts-in-civil-law.html

BE: https://www.tostpost.com/be/adukacyya/3410-real-nyya-konsensual-nye-dagavory-gramadzyansk-m-prave.html

DE: https://www.tostpost.com/de/bildung/3408-echte-und-konsensual-nye-vertr-ge-im-zivilrecht.html

ES: https://www.tostpost.com/es/la-educaci-n/3413-real-y-konsensual-nye-los-tratados-en-el-derecho-civil.html

HI: https://www.tostpost.com/hi/education/1947-consensual-and-real-contracts-in-civil-law.html

JA: https://www.tostpost.com/ja/education/1946-consensual-and-real-contracts-in-civil-law.html

KK: https://www.tostpost.com/kk/b-l-m/3411-na-ty-zh-ne-konsensual-nye-azamatty-y-ta-y-sharttar.html

PL: https://www.tostpost.com/pl/edukacja/3414-prawdziwe-i-konsensual-nye-um-w-w-prawie-cywilnym.html

PT: https://www.tostpost.com/pt/educa-o/3411-reais-e-konsensual-nye-contratos-no-direito-civil.html

TR: https://www.tostpost.com/tr/e-itim/3416-ger-ek-ve-konsensual-nye-s-zle-meleri-medeni-hukuk.html

UK: https://www.tostpost.com/uk/osv-ta/3413-real-n-ta-konsensual-n-dogovori-v-civ-l-nomu-prav.html

ZH: https://www.tostpost.com/zh/education/2069-consensual-and-real-contracts-in-civil-law.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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