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Classification of bargains.Depending on various signs, bargains can be divided into few basic classifications. 1) Depending on the number of persons, willing to settle a bargain: à) an unilateral bargain is a bargain for making of which there is enough will of one person, for example, making a will, adoption of a heritage etc; b) a bilateral bargain is a bargain for making of which there must be mutual will of two persons; c) amultilateral bargain is a bargain for making of which there must be mutual will of more than two persons. An unilateral legal transactionis an action (will) of one party, aimed at establishment, change, termination of civil rights and duties. Thus one party can be presented by one or several persons. An unilateral bargain as a rule may create obligations only for person who committed it. Such transaction may create obligations for other persons only in cases set by law or by agreement between these persons. To the legal relationships which arose out of unilateral legal contracts, general rules are used about an obligation and agreements, if it does not conflict with the acts of civil legislation or essence of an unilateral bargain. Bilateral and multilateral bargains are called contracts. Therefore, every contract is a bargain, but not every bargain is a contract. Multilateral legal transactions are such in which participate three and more parties. The example of such legal transaction is an agreement about joint activity (art. 1130 of the Code). It follows to pay attention to that in this agreement of will of parties has dual nature. From one side, it mutual will in relation to establishment or modification of legal relationships between participants. From other - common will, aimed at achievement of general purpose, takes place. Several persons can represent every party of both bilateral and multilateral legal contracts. As opposed to the classical theory of Ukrainian Civil Law in the case law and statutes which make up the English law there is no difference between definitions “bargain”, “deal” and “contract”. 2) Depending on that, whether has a bargain the purpose of value: à) a bargain for value is a bargain in which one party for execution must get a corresponding compensation a duty, whether that in form of money, other property values, or other mutual grant, for example, purchase-sale, barter and others like that. Much of the contracts are for value. á) a gratuitous bargain is a bargain which is made without any corresponding compensation of a duty, an interest-free loan, or gift contract for example. 3) Depending on the moment of origin of bargain: à) a consensual bargain is a bargain which is considered like already maken from the moment of reaching consensus between parties on all substantial terms. á) a real bargain is a bargain, in which achievement of agreement is insufficient, and the moment of its conclusion is considered from the moment of actual execution of actions. 4) Depending on the matter of ground of bargain: à) a causal bargain is a bargain where is obvious its legal purpose, and the failure of this condition causes invalidity of bargain. á) an abstract bargain is a bargain where its purpose (foundation) is legally unimportant. 5) Depending on the presence of pointing on the term of establishment of rights and duties, bargains are time bargain and permanent bargain. Neither the moment of entry of bargain in an action nor moment of stopping is determined in permanent legal transactions. Such agreement, as a rule, immediately goes into effect and ceases on call of one of parties (for example, agreement of lease, concluded for undefined term). Time bargains are legal transactions in which the moment of origin, duration of existence of obligation and the moment of terminating of rights and duties is demanded by parties. From time bargains it is necessary to distinguish conditional bargains, id est such in which the origin of civil legal relationships depends of some specific circumstance (actions or events) which can occur or not in the future. The basic characteristic feature of such bargain is a vagueness in the moment of its conclusion, whether the indicated circumstance will occur or not and objective possibility of its occurrence. These bargains are distinguished: à) by suspensivecondition - when parties make the possibility of origin of legal relationships depending on the occurrence of condition; á) by resolutive condition - when parties make the possibility of terminating legal relations depending on the occurrence of condition. Thus, if to the occurrence of such conditional circumstance unconscientiously hindered a party for whom it is unprofitably, a circumstance is considered as occurred. And vice versa, if to the occurrence of such conditional circumstance unconscientiously promoted a party for whom it is profitably, a circumstance is considered as not occurred. Except mentioned, it is possible to mention other types of legal transactions: legitimated (such which have the prescription of a law) and voluntary (not specially foreseen by law, but concluded by parties as a result of their free will); verbal and writing; conditional and nonconditional; stock-exchange deal (that are concluded on stock exchange and in relation to stock exchange products) and non stock-exchange; fiduciary (such which have a confidence character, as a result of loss of trust of parties to each other party can entail avoiding contract in the one-sided order) and ordinary and others like that.
Date: 2015-12-24; view: 875
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