The mechanism of action of civil law, as well as law in general, is to vest participants in the property turnover with certain rights and obligations and provide them with legal means to exercise and protect their rights.

However, the presence of civil law norms does not yet create the rights and obligations of participants in property turnover. This requires the occurrence of certain life circumstances recognized by law, which in the literature are usually called legal facts. In combination with the rule of law, they give rise to legal consequences: the emergence, change or termination of rights and obligations.

A legal fact is a phenomenon of reality, with the onset of which the hypothesis of a civil law norm connects the emergence, change and termination of GPO. In this regard, we single out law-forming, law-changing and law-terminating law firms.

In civil law, legal facts are numerous and varied; in general terms, their range is defined in Article 8 of the Civil Code, where nine groups of legal facts are named. This list is not exhaustive: as stated in the same article of the Civil Code, civil rights and obligations may arise as a result of other actions of citizens and legal entities that, by virtue of the general principles and meaning of civil law, give rise to rights and obligations.

Legal facts in civil law are usually divided into two large groups: actions and events. The former depend on the behavior (actions) of the subjects of civil law and state bodies. The second are various kinds of circumstances that occur regardless of the actions of people and, by virtue of the norms of legislation, give rise to the rights and obligations of subjects of civil law.

A legal fact as the basis from which civil law and the corresponding obligation arise, in legal language, is usually called the title of this right. The presence of a title means that the holder of the right has acquired it legally and can claim to exercise and protect it. Most often, the term title is used to characterize real rights, but it is also relevant in the field of the law of obligations and intellectual property.

The basis for the emergence of civil rights and obligations is often not one legal fact, but their combination, which in legal language is usually called a complex legal fact or actual composition. For example, when concluding a contract by correspondence, certain rights and obligations are already created by sending a proposal to conclude a contract (offers), however, the contract will be concluded only after the offeror receives the consent (acceptance) of the other party. It is possible to include in this actual composition a third legal fact: state registration, if we are talking about contracts that require such registration for their entry into force.

1. Legal significant actions (transactions).

Legally significant actions are the main and most typical basis for the emergence of civil rights and obligations; they fall into two groups: legal and illegal actions.

Lawful actions, due to their prevalence and practical significance, are put in the first place in Article 8 of the Civil Code. First of all, these are contracts and other transactions, as well as the creation of works of science, literature, art, inventions and other results of intellectual activity, referred to in Article 8 of the Civil Code. Lawful actions are inherent in the will of those who perform them. As a rule, they are aimed at achieving a certain legal result and are called transactions. However, some lawful actions are devoid of these signs, for example, the discovery of a find, a treasure, and such actions are called legal actions.

Lawful actions of subjects of civil law in order to generate legal consequences must be committed in the form prescribed by law, most often in writing, and sometimes undergo state registration. In the relations of citizens, small household transactions can be made orally. In large property transactions, in the interests of clarity and stability of civil circulation, the law requires compliance with a written, and sometimes notarial form. For the emergence of rights to real estate, rights to objects of industrial intellectual property (inventions, trademarks), their state registration is always necessary.

Speaking about actions (transactions) as the grounds for the emergence of rights and obligations, the Civil Code and other laws also use some related terms: silence, inaction and evasion. What is their legal meaning?

According to paragraph 3 of Article 158 of the Civil Code, silence is recognized as an expression of the will to make a deal only in cases provided for by law or by agreement of the parties. In the Civil Code itself there are a number of norms that give legal consequences to silence (Article 540, clause 2 of Article 621, Article 999, etc.). Giving a wide legal meaning to silence is undesirable, as it would lead to uncertainty in property turnover and the emergence of disputes that are difficult to resolve.

On the legal meaning of inaction (and evasion as a form of manifestation of inaction) in the Civil Code there is no rule of a general nature. Therefore, the legal consequences should be determined in these cases on the basis of those norms of the Civil Code, in which inaction is named and a certain legal significance is attached to it (Articles 16, 51, 723, 1099).

Finally, in some cases, GPOs may arise from the behavior of a person that indicates his intention to create certain legal consequences. Such behavior is referred to in civil law as a conclusive action and is provided for in a number of articles of the Civil Code (paragraph 1 of article 182, article 498, 574, paragraph 2 of article 1153).

1. Acts of state bodies and local governments as legal facts.

State bodies have the right to prohibit the commission and execution of certain categories of civil law transactions, if this is necessary to ensure safety, protect human life and health, protect nature and cultural values ​​(clause 3, article 1 of the Civil Code). One of these cases is directly named in subpara. 3 paragraph 1 of article 202 of the Civil Code: deferment by decision of the Government of the Russian Federation of the fulfillment of obligations (moratorium).

The procedure for the use of state and municipal property is also determined by acts of state and municipal bodies that can create and change the tasks of legal entities subordinate to them, redistribute their property and give them mandatory instructions on the supply of products, the performance of work and the provision of services.

3. Court decisions rendered in civil law cases. An example is court decisions on recognizing an individual as dead, recognizing ownership of disputed property, as well as court decisions on pre-contractual disputes when the conclusion of an agreement is mandatory for the parties (Article 445, 446 of the Civil Code).

4. Wrongful legal actions.

Such actions in civil law are the infliction of harm to another's property and person, called a tort (Chapter 59 of the Civil Code), when the right to demand and the obligation to compensate for the harm arises, and unjust enrichment at the expense of another person (Chapter 60 of the Civil Code), when unlawfully received should be returned to the victim.

Actions (acts) of state bodies and local self-government bodies and their officials, as well as their inaction, may also be illegal. The Civil Code calls such actions (inaction) illegal and in these cases provides for compensation for damages (Article 16 of the Civil Code). The illegality of such actions must be checked and established by the court.

II. Events as legal facts

Natural phenomena: earthquakes, sharp climatic fluctuations, floods, fires, etc., referred to in civil law as force majeure, or force majeure. Events include hostilities, the birth and death of a person, the passage of time.

Some of these events may be caused by the actions of people themselves, but they remain events because they develop independently and act as such, regardless of the causes that caused them.

Depending on the indications contained in the legal norm, events affect civil rights in different ways. They can give rise to civil rights, for example, the expiration of the acquisitive prescription creates a right of ownership (Article 234 of the Civil Code), as well as terminate an obligation, for example, a guarantee terminates upon the expiration of the period for which it is given (clause 4 of Article 367 of the Civil Code). Events can also change the content of the right (to release the debtor from liability in whole or in part - Article 401 of the Civil Code). The occurrence of some events requires formal confirmation by the competent authorities (chambers of commerce, metrology authorities).

First of all, subjective civil rights and obligations may arise from the grounds provided for by law, i.e. the norms of the Civil Code itself and other federal laws in this area. For example, the obligation to draw up a deed of transfer and a separation balance sheet upon liquidation of a legal entity is directly based on the norms of Art. 59 GK; the obligation to indicate the words “limited liability company” in the company name of an LLC is also provided for by law (Article 87 of the Civil Code).

Civil rights and obligations may also arise on the basis of the norms of civil law contained in other legal acts, i.e. decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation (clause 6, article 3 of the Civil Code). For example, Decree of the President of the Russian Federation of December 20, 1994 No. 2204 “On ensuring law and order when making payments for obligations for the supply of goods (performance of work or provision of services)” provides that a mandatory condition of the supply contract is the deadline for fulfilling the obligation to pay for the delivered goods.

In order for the norms of the law (other legal acts) to lead to the emergence of civil law relations, it is necessary to have legal facts, i.e. circumstances with which the norms of civil law associate the emergence (change and termination) of civil law relations. In the domestic science of civil law, legal facts are usually divided into the following types:

1) events and actions;

2) law-forming, law-changing and law-terminating facts;

3) legally significant actions and acts;

4) administrative acts and transactions;

5) legal and illegal actions;

6) autonomous facts and facts in aggregate (the so-called actual composition).

Such legal facts as actions and events are of the greatest practical importance.

Actions that give rise to civil rights and obligations are usually divided into lawful and unlawful.

Lawful actions are those that are either directly provided for by law (for example, the actions of the founders during the formation of a joint-stock company), or do not contradict it (for example, the possibility of commercial organizations carrying out activities not provided for by their charters, if it does not contradict the law - clause 2 of article 52 of the Civil Code ).

Illegal actions are, firstly, actions that are expressly prohibited by civil law, and secondly, although not prohibited by it, they are unacceptable for a given participant in civil law relations (for example, a unitary enterprise is not entitled to carry out activities not provided for by its charter - 113 of the Civil Code), thirdly, these are actions the commission of which is contrary to other acts (for example, if the charter of a joint-stock company stipulates that it has the right to carry out certain types of activities, then engaging in other activities will be unlawful - clause 2 of Art. 52 GK). Of course, actions that contradict the norms of other branches of legislation (criminal, administrative, etc.) are also illegal.

Lawful actions are the main basis for the emergence of civil rights and obligations. In Art. 8 of the Civil Code lists the most important of them:

1) contracts and other transactions provided for by law (Chapter 3058 of the Civil Code). In addition, the Civil Code allows for the possibility of concluding transactions, incl. agreements that, although not provided for by law, do not contradict it (for example, a consignment agreement that is quite popular among entrepreneurs);

2) acts of state bodies and local self-government bodies Unlike contracts and other transactions, they are government-organizational, because in one way or another express the will of the state. These acts give rise to civil rights and obligations between specific subjects (for example, by order of the Ministry of Property of Russia, property from one state-owned enterprise is transferred to another, by decision of the territorial body for property management, sublease of municipal property is allowed);

3) court decisions. This refers not only to decisions of courts of general jurisdiction (justices of the peace, district, city, regional courts, etc.), but also arbitration, arbitration courts that establish civil rights and obligations;

4) acquisition of property on grounds permitted by law, i.e. not only as a result of certain lawful agreements and other transactions, but also on other grounds - as a result of a discovery (Article 227 of the Civil Code), discovery of a treasure (Article 233 of the Civil Code), by prescription (Article 234 of the Civil Code), etc. d.;

5) creation of works of science, literature, art, inventions and other results of intellectual activity. The latter include, for example, rationalization proposals (Article 150 of the Fundamentals of Civil Legislation), know-how (Article 151 of the Fundamentals), breeding achievements (Article 152 of the Fundamentals), etc.).

The grounds for the emergence of civil law relations are a number of illegal actions:

1) causing harm to another person (Articles 11, 15, 151, 152, 1064 1101 of the Civil Code).

On the other hand, in some cases, a person is forced to cause harm in order to prevent even greater harm to the rights and interests protected by law (for example, in conditions of emergency, when saving people's lives, especially valuable state property). In such a situation, although the actions cause harm, they are lawful, and the harm is subject to compensation only in cases provided for by civil law (see Article 1067 of the Civil Code);

2) unjust enrichment. A person who has acquired property at the expense of another without the grounds established by law or by transaction is obliged to return it. The same obligation arises if the basis on which the property was acquired subsequently ceased to exist;

3) other illegal actions of citizens and legal entities. In some cases, state bodies by their actions (inaction) cause damage to other subjects of law. Of course, as a result of this, a complex of civil rights and obligations arises to compensate for such losses (Article 16, 1069-1071 of the Civil Code).

Civil rights and obligations may also arise as a result of events. Unlike actions (which are forms of volitional behavior of persons), events are circumstances that do not depend on the will of a person. Events are divided into absolutely independent persons (for example, an earthquake, flood, volcanic eruption, tornado) and events, although caused by human actions, but having legal consequences for third parties regardless of their will (for example, the owner of a source of increased danger is liable for the actions of their employees that caused transport accidents, fires, Articles 402, 1079 of the Civil Code). Not all events serve as the basis for the emergence of civil rights and obligations: a law or other legal act must associate certain legal consequences with the onset of an event. Yes, Art. 1079 of the Civil Code established that legal entities and citizens whose activities are associated with increased danger to others (transport companies, construction sites, etc.) are required to compensate for harm, unless they prove that it arose as a result of force majeure or the intent of the victim. The absence of an appropriate rule of law would not allow us to say that this event gives rise to civil rights and obligations.

Civil rights and obligations, as well as legal relations, the content of which they constitute, do not arise only because they are provided for or allowed by the norms of civil law. Appropriate circumstances are necessary for their occurrence, change or termination. For example, for the transfer of property from a lessor to a lessee, it is necessary that such a transfer take place on the basis of a lease agreement. To terminate the right of ownership of some thing, appropriate title documents are required: contracts of sale, donation, will. But in order to receive property, for example, in the order of inheritance, the death of the testator must occur, i.e. grounds are needed.

Thus, the grounds for the emergence, change and termination of a civil legal relationship are understood as a certain complex of interrelated legal phenomena that give rise to these processes in a civil legal relationship.

Such a complex of interrelated legal phenomena consists of:

Relevant rules of law that regulate a certain type of social relations;

The subjects entering into these legal relations must be capable and competent;

There must be certain facts of reality, with which the law connects the first with the second, i.e. actions of legal norms in relation to certain subjects - legal facts.

Legal facts underlie civil relations and entail their emergence, change and termination. For example, the acquisition of property under a contract of sale gives rise to ownership of it, property division leads to a change in ownership, sale of property (donation) leads to the termination of ownership of the property.

Since legal facts are necessary for the emergence, change or termination of civil legal relations, therefore they are called the grounds for the emergence, change or termination of specific legal relations.

For such reasons, as follows from Art. 7 of the Civil Code of the Republic of Belarus are:

1) contracts and other transactions provided for by law, as well as contracts and transactions, although not provided for by law, but not contrary to it;

2) acts of state bodies and bodies of local government and self-government, which are provided by law as the basis for the emergence of civil rights and obligations;

3) court decisions establishing civil rights and obligations;

4) creation and acquisition on the grounds not prohibited by law;

5) creation of works of science, literature, art, inventions and other results of intellectual activity;

6) causing harm to another person;

7) unjust enrichment;

8) other actions of citizens and legal entities;

9) events with which the legislation associates the onset of civil law consequences.

Depending on the volitional or non-volitional nature, legal facts are divided into two groups: actions and events.

Actions - this is the conscious volitional behavior of people, which manifests itself in actual relationships that contribute to the satisfaction of the interests of citizens and organizations (for example, making a purchase, drawing up a will, issuing a power of attorney, etc.).

Depending on what legal consequences the actions entailed, they are divided into positive And negative.

Actions are also divided into legitimate(not breaking the law) and illegal(violating the law).

Lawful actions, in turn, are divided into:

Administrative acts;

legal actions.

Transactions include actions that are specifically aimed at establishing, changing or terminating civil legal relations (Article 154 of the Civil Code of the Republic of Belarus), i.e. here the desire (will) of the participants in the legal relationship to achieve a certain result is manifested.

Administrative acts are authoritative orders of administrative bodies addressed to specific persons. For example, the decision of the executive committee on the provision of housing gives rise to a requirement to conclude between the tenant (citizen) and the landlord (ZhES, house management, etc.) a contract for the rental of housing, on the basis of which a civil legal relationship arises.

Unlike legal acts, legal acts are actions that lead to the emergence, change or termination of specific legal relations, regardless of the desire of the people who perform these actions, i.e. by virtue of the law. For example, the discovery of a thing gives rise to the obligation of the finder to return it to the lost one or declare it and transfer it to the police, local government and self-government body or to the person indicated by them (Article 228 of the Civil Code of the Republic of Belarus). In such cases, relations are regulated by the relevant rules of law.

As for the commission of illegal actions, they entail the application to the person of the appropriate punishment for violating the current legislation. In particular, causing harm to another person entails compensation in full to those who caused the harm.

events legally significant facts are called that arise independently of the consciousness and will of people in general and from the participants in a particular legal relationship in particular, for example, natural disasters (hurricane, earthquake, flood). But events become legal facts only when the law associates with them the emergence, change or termination of civil legal relations. If, as a result of a lightning discharge, a house that was insured caught fire, then in this case a legal relationship arises between the insured (citizen or legal entity) and the insurer (insurance organization).

Thus, civil legal relationship is a special kind of social relations based on the norms of civil law. These relations are formed in the process of activities of citizens and organizations regarding property and non-property relations. The basis for the emergence of this kind of legal relationship are certain facts aimed at the legal result (the emergence, change or termination of civil legal relations). The participants in the emerging relationship are independent and independent in choosing a counterparty, act as legally equal bearers of civil rights and obligations.

Introduction

1. General provisions on legal facts in civil law

2. Classifications of legal facts in civil law

3. Lawful legal actions as grounds for the emergence, change and termination of civil legal relations

4. Illegal legal actions as grounds for the emergence, change and termination of civil legal relations

5. Legal events as grounds for the emergence, change and termination of civil legal relations

Conclusion

Bibliography

Introduction

The theory of legal facts is one of the most important, fundamental in civil law. But at the same time, it became, in fact, an axiomatic theory, a "frozen" theory. The transition to a market economy, the reform of socio-economic relations, a fundamental change in civil legislation led to serious changes in civil law.

These circumstances determined the interest in this topic.

The purpose of the work was the idea of ​​a legal analysis of the norms of the law, interpretation and application. Therefore, the work used both the works of civil law theorists and judicial practice.

The following tasks were defined:

Coverage of general provisions on legal facts in civil law;

Disclosure of the classification of legal facts in civil law;

Characteristics of the main lawful legal actions as the grounds for the emergence, change and termination of civil legal relations;

Characteristics of the main illegal legal actions as grounds for the emergence, change and termination of civil legal relations;

Disclosure of legal events as grounds for the emergence, change and termination of civil legal relations.

This course work, due to the limited scope of its volume, cannot cover the entire range of issues related to legal facts, since the problems of legal facts are very complex and multifaceted and require independent consideration in relation to each of their varieties. Therefore, it considers only the most important, basic provisions.

1. General provisions on legal facts in civil law

The grounds for the emergence of civil legal relations are legal facts. Legal facts are such circumstances with which the law associates the emergence, change or termination of civil rights and obligations.

Domestic civil legislation, as before, does not know a special part or section devoted to legal facts. The current Civil Code of the Russian Federation only occasionally combines certain types of legal facts in articles on the grounds for the emergence of civil rights and obligations (Article 8 of the Civil Code), transactions (Article 153 of the Civil Code), grounds for termination of property rights (Article 235 of the Civil Code), grounds for the emergence of obligations (Clause 2, Article 307 of the Civil Code), and in some others.

Appeal to the theory of legal facts requires, first of all, an understanding of what actually should be understood by the concept of "legal fact". And here it is necessary to at least briefly analyze the definitions found in modern literature.

In the theory of law, legal facts are usually defined as life circumstances with which the rules of law associate the onset of legal consequences. At the same time, it is usually emphasized that the rule of law and the legal relationship are connected in such a way that it is the legal fact that is the lever that puts the legal norm into action and entails the onset of legal consequences.

In the theory of civil law, the definition of legal facts receives some clarification. For example, in the civil law textbook of Moscow State University, legal facts are understood as facts of reality, with which the current laws and other legal acts associate the emergence, change or termination of civil rights and obligations, that is, civil legal relations; in the textbook of civil law of St. Petersburg State University, legal facts are defined as circumstances with which normative acts associate any legal consequences: the emergence, change or termination of civil legal relations. From the above definitions, it follows that for civil law, those legal facts that entail legal consequences in the sphere of civil legal relations are recognized as “valuable”.

Each life circumstance as a phenomenon of reality is concrete. It occurs, for example, due to natural laws (various natural phenomena) or is committed by the forces of a particular person in a certain place, at a certain time and is characterized by certain signs. The occurrence of such circumstances has an impact on social relations, in an effort to streamline which the legislator brings under the rule of law some of the most common typical and essential signs of life circumstances, establishing abstract models of circumstances with which the law associates the occurrence of certain consequences. The occurrence of a real life circumstance falling under this rule of law entails the emergence of legal consequences provided for by law.

Consequently, the emergence of legal consequences is possible only if there is a "chain" consisting of the following "links": (1) fixing in the rule of law a legal model of a circumstance with the occurrence of which certain consequences are associated; (2) the onset of the most specific life circumstance; (3) the implementation of the rule of law under which this circumstance falls.

Confirmation and continuation of this conclusion can be found in V.I. Sinaisky: "A legal fact is a purely legal concept. By itself, no circumstance can cause legal consequences if behind such a circumstance right does not recognize the ability to produce these consequences ". It is precisely because of this that "all phenomena of the external world are divided into legally indifferent and legally significant facts."

Therefore, any factual circumstance becomes a legal fact if it falls under the rule of law, which provides for the occurrence of any consequences for such a circumstance. . At the same time, it is hardly possible to establish the line between the two considered groups of circumstances once and for all: law is constantly evolving, formulating new rules and linking their application with new types of phenomena and processes (circumstances).

Thus, when defining a legal fact, it is necessary to be based on understanding it as a real life circumstance, and its definition should combine the following features: firstly, fixing in the rule of law an abstract model of this circumstance, with the occurrence of which certain consequences are associated; secondly, the actual (real) occurrence of this life circumstance; thirdly, the ability to generate legal consequences.

That's why legal fact in civil law can be defined as a real life circumstance, which, by virtue of the rules of law, entails the onset of legal consequences in the field of civil legal relations .

2. Classifications of legal facts in civil law

The legal facts are many and varied.

Depending on the will of the subjects, they are divided into actions and events. Legal actions are acts of behavior of persons, they have a volitional character. On the basis of permissibility, actions are lawful and unlawful. Lawful actions are actions that comply with the requirements of the law and the principles of law. Illegal, respectively, - actions. Violating the requirements of the law and the principles of law.

Illegal actions that give rise to civil relations:

harm (damage);

breach of contractual obligations;

unjust enrichment - the acquisition or saving of property at the expense of another person without sufficient grounds;

abuse of the right;

actions committed in the form of transactions declared invalid, etc.

Lawful Actions subdivided into legal acts and legal acts.

Legal acts- lawful actions of subjects aimed at the emergence, change or termination of a civil legal relationship. The main type of civil law acts is a transaction. Also, civil legal relations can be generated by administrative acts. For example, the civil powers of a representative arise for a guardian and custodian on the basis of a decision of the guardianship and guardianship body on their appointment. An important role in the emergence, change and termination of civil legal relations is played by acts of judicial and arbitration bodies (judgments).

legal actions- lawful actions of subjects with which the law associates certain legal consequences, regardless of whether the subjects had the goal of achieving a particular legal result. For example, when creating works of literature, art, rights arise for the author from the existence of the very fact of creating a work, regardless of whether he knew about these rights or not.

Legal developments- a phenomenon of reality, which occur regardless of the will of man.

Events are absolute and relative.

Absolute events are such phenomena, the emergence and development of which are not related to the volitional activity of subjects.

For example, an earthquake.

Relative events are phenomena that arise at the will of the subjects, but develop and occur independently of their will. For example, the death of a person killed in a fight.

Close to relative events, but an original role is played by such legal facts as terms.

Terms by origin depend on the will of the subjects or the will of the legislator, but the course of terms is subject to the objective laws of the passage of time. In some cases, the onset or expiration of the term automatically generates, changes or terminates civil rights and obligations (for example, the copyright of heirs terminates due to the expiration of 50 years from the date of the death of the author), in others, the onset or expiration of the term gives rise to civil law consequences in conjunction with certain behavior of the subjects (for example, a delay in the performance of an obligation can serve as a basis for imposing liability in the presence of guilty actions of the debtor or creditor).

The emergence, change or termination of legal relations may be due to one legal fact or a combination of legal facts, i.e. legal structure .

In some cases, legal compositions give rise to legal consequences, subject to the occurrence of individual legal facts at a strictly defined time. For example, the heir specified in the will can become the owner of the inherited property if there are legal facts that unfold in a strict sequence: drawing up a will, opening an inheritance, acceptance of the inheritance by the heir.

In other cases, legal compositions give rise to legal consequences only in the presence of all the necessary legal facts taken together, regardless of the sequence of their occurrence. Legal compositions of the first type are called complex systems of legal facts, and legal compositions of the second type are called simple complexes of legal facts.

Under complex legal framework one should understand the composition, the beginning of the accumulation of which requires the presence of a third general prerequisite for the onset of legal consequences - a civil legal relationship. Thus, the legal composition will always be complex, the legal consequence of which is the change or termination of the legal relationship, since there is a need for a civil legal relationship that binds the parties. The legal composition, the legal consequence of which would be the emergence of, for example, a security obligation, requires the existence of a main legal obligation relationship and is also complex.

Those legal compositions, the accumulation of which does not require the presence of such a “complicating” general premise as a civil legal relationship, of course, belong to simple legal structures. So, the legal composition will be simple, the legal consequence of which is the emergence of the main civil legal relationship. At the same time, a large number of legal facts included in a simple legal composition can only indicate that it is large, but not that it is complex.

Thirdly, in modern literature, the idea is expressed that legal compositions, according to the nature of the connection between legal facts, are divided into free, connected and mixed.

Free legal structure is a set of legal facts between which there is a free connection: facts can be accumulated in any order that is not regulated by the rule of law, but associated legal structure implies a set of legal facts between which there is a temporal sequence and a rigid dependence: the onset of facts occurs in a strictly defined order.

For example, the conclusion of a contract at the auction provides for the consistent implementation of a number of actions that must be performed in accordance with Art. 447 of the Civil Code of the Russian Federation in order.

Related legal structures often have a takeover effect. In the example considered earlier, the procedure for concluding a contract provides for the sending and receiving of an offer and an acceptance, which are eventually absorbed by the moment of the coincidence of the will and will of the parties - the completion of a civil law transaction.

Mixed legal composition there is a set of legal facts, the connection between which is partly free, and partly connected.

Thus, legal facts in civil law can be qualified on various grounds. At the same time, all standard circumstances that are necessary for the occurrence of the consequences provided for by this rule should be directly fixed in the rule of law. The most widespread typification of legal facts was their division into lawful acts and deeds, unlawful acts and deeds and events. This classification will be used further in the course work.

3. Lawful legal actions as grounds for the emergence, change and termination of civil legal relations

Among the previously listed (Section 2) lawful legal actions classified as legal facts, the most typical for civil legal relations are transactions. Therefore, it is believed that a transaction in civil law acts as the main civil law legal fact.

The law defines transactions, according to Article 153 of the Civil Code, transactions are actions of citizens and legal entities aimed at establishing, changing or terminating civil rights or obligations.

A deal is a volitional action, the commission of which presupposes that the subject has a certain level of consciousness and will, allowing this person to be accountable for his actions and to control his actions.

The essence of the transaction is the will and will of the parties. The content of the will of the subjects of the transaction is formed under the influence of socio-economic factors. Will is an expression of the will of a person outside, thanks to which it becomes available to the perception of other persons. The will is the most important element of the transaction, which, as a rule, is associated with legal consequences. It is the will as an externally expressed will that can be subjected to legal evaluation.

Sometimes a transaction gives rise to legal consequences in the presence of not only an expression of will, but also an action to transfer property. For example, the transaction of gifting a thing arises from the corresponding will of the donor and the donee and the action to transfer the thing itself to the donee. Ways of expressing, fixing or testifying to the will of the subjects making a transaction are called forms of transactions. Will can be expressed in various forms, which will be discussed below.

The goal pursued by the subjects making a transaction is always of a legal nature - the acquisition of property rights, etc. This means that transactions are not morally - everyday agreements that do not pursue a legal goal.

Typical for this type of transactions, the legal purpose for which it is made is called the basis of the transaction. The basis of the transaction must be legal and substantial.

The legal consequences that arise for the subjects as a result of the transaction are its legal result. The purpose and the legal result do not coincide when illegal acts are committed in the form of a transaction. When misconduct is committed in the form of transactions, the consequences provided for by law in the event of misconduct occur, and not the consequences that the parties wish to have.

Legal goals (bases of the transaction) cannot be identified with the socio-economic goals of the subjects of the transaction, because firstly, the same socio-economic goal can be achieved through the implementation of various legal goals; secondly, the very fact of the contradiction of the socio-economic goals of the subjects performing actions in the form of a transaction, the interests of the state and society serves as the basis for recognizing the illegality of such an action.

The legal purposes of the transaction must be distinguished from the motive for which it is made. The motive as a conscious need, a conscious impulse is only the foundation on which the goal arises. Therefore, motives only encourage subjects to make a transaction, do not serve as its legal component, such is the legal goal - the basis of the transaction. The fallacy of motive cannot affect the validity of the transaction. But the parties, by agreement of the parties, may give legal significance to the motive. In this case, the motive becomes a condition - elements of the content of the transaction.

A transaction is only a lawful action performed in accordance with the requirements of the law. A transaction made in accordance with the requirements of the law is valid, i.e. is recognized as a real-life legal fact that gave rise to the legal result desired by the subjects of the transaction.

For a correct understanding of all individual types of transactions, their scientific classification is necessary.

1. Deals unilateral, bilateral and multilateral.

This classification is provided for in Article 154 of the Civil Code and is based on a quantitative attribute. Depending on the will of how many parties has found its expression in the transaction, one-, two- and multilateral are distinguished. The concept of a party in a transaction should not be identified with the concept of its participant. For example, in a purchase and sale agreement there can be only two parties - the buyer and the seller, this agreement is always bilateral, and three or more persons can participate in its commission. A unilateral transaction is one in which the will of one party is expressed. For the onset of the legal consequences provided for by law, the will of only one party is sufficient. For example, a testament. A bilateral transaction is a transaction in which the mutual will of the two parties involved in the transaction is expressed. Such transactions, where there is more than one party, are called contracts. For example, a loan agreement.

Multilateral transactions are transactions in which more than two parties are involved. For example, a joint venture agreement.

2. Compensatory and gratuitous transactions.

Compensatory transaction - a transaction in which the obligations of one party to perform certain actions correspond to the counter obligation of the other party to provide material and other benefits. In a gratuitous transaction, there is no obligation to provide consideration by the other party. Compensatory transactions can only be bilateral. One-way transactions are always free of charge.

Compensatory transactions may be predetermined by their nature or by agreement of the parties. Compensation in a transaction can be expressed in the transfer of money, the provision of counter services, the performance of work, etc.

3. Consensual and real transactions.

A consensual transaction is a transaction that is considered concluded from the moment when the parties have reached an agreement among themselves on all its essential conditions and clothed it in the form required by law. The transfer of a thing, the perfect action is carried out with the aim of their execution. A consensual transaction is a purchase and sale transaction.

For the emergence of a real deal, one agreement is not enough. It is also necessary to transfer things from one participant to another. Only when both facts take place - an agreement is reached and the thing is transferred, the transaction is considered concluded. For example, a loan agreement is a real deal.

4. Causal and abstract transactions.

Each transaction has a legal basis - a legal goal, which the subjects strive to achieve. From the causal transaction it is clear what legal goal it pursues. The validity of a causal transaction is made dependent on its goal - the goal must be legitimate and achievable. Thus, a transaction made with a purpose that is obviously contrary to the interests of the state and society is invalid.

Abstract transactions are, as it were, torn off from their foundation.

The abstract nature of the transaction means that its validity does not depend on the basis - the purpose of the transaction. An example of such a transaction is a bill. A bill of exchange can be issued upon completion of any transaction and is payable by the person who issued it, and the bill of exchange is also payable by the persons who signed the bill during its transfer. The bill is abstracted, abstracted from its foundation.

5. Conventional and conditional transactions.

In ordinary transactions, the onset of rights and the emergence of obligations, as a general rule, occur either at the time of the transaction, or after a certain period of time.

A conditional transaction is a transaction, the legal consequences of which are made dependent on some circumstance that may or may not occur in the future. A transaction cannot be considered conditional if the specified circumstance has occurred by the time of its conclusion or it is known that it will occur.

The condition is characterized by the uncertainty of its occurrence. The parties to the transaction should not know whether or not the future circumstance included in the transaction as a condition will occur or not. The conditions included in the transaction should not contradict either the law or the moral principles of society.

The inclusion of a condition in the transaction allows the subjects to take into account various circumstances that may occur in the future (moving, etc.).

Transactions made under a condition should not be identified with transactions made with a condition, which is not a legal fact, but an element of the content of the corresponding transaction. So, if the parties agree on the transfer of a typewriter for free use on the condition that the person who received the object for use will periodically clean and lubricate the typewriter, this does not mean that this is a conditional deal. The agreement on the maintenance of the transfer object is one of the elements of a regular (non-conditional) contract.

The law distinguishes between two types of conditions - suspensive and resolutive.

In accordance with Part 1 of Art. 157 of the Civil Code, a transaction is considered concluded under a suspensive condition if the parties have made the emergence of rights and obligations dependent on the occurrence or non-occurrence of the condition.

On the basis of part 2 of article 157 of the Civil Code, a transaction is considered to be completed under a resolutive condition, if the parties have made the termination of rights dependent on its occurrence or non-occurrence. So, for example, the tenant rents out part of the room on a sublease under the condition that the subtenant will have to vacate the occupied premises if the tenant's relatives working in the North arrive. Thus, for the considered type of conditional transactions, it is typical that the rights and obligations of the parties arise at the time of the transaction and exist until the condition occurs.

For entities that unfairly prevent the occurrence of a condition or contribute to its occurrence, the law provides for unfavorable consequences of the legal order. If the occurrence of the condition is unfairly prevented by the subject to whom this was unfavorably assisted by the subject to whom the occurrence of the condition is beneficial, it is recognized as having occurred (part 3 of article 61 of the Civil Code).

In order for the transaction to give rise to the legal consequences to which it is directed, it must be valid.

The law establishes a number of requirements that a valid transaction must meet:

A) the requirements for the parties involved in the transaction. Since the transaction is a volitional act, only able-bodied citizens can make it. Persons with partial or limited legal capacity have the right to independently make only those transactions that are permitted by law. Legal entities can make any transactions that are not prohibited by law and do not contradict the goals enshrined in their charters. Certain types of transactions can be made by legal entities with a special permit (license).

B) the legality of the content of the transaction. This requirement means its compliance with the requirements of the law. Under the requirement of the law is understood not only the prescriptions of the law in the narrow sense of the word, but also the rules of by-laws. But in cases of conflicts between the law and by-laws, the legality of the content of transactions must be determined by the requirements of the law.

C) conformity of will and will. The validity of the transaction presupposes the coincidence of will and will. The discrepancy between the actual desires, intentions of the person and their outward expression serves as the basis for recognizing the transaction as invalid. Until the discovery of the specified discrepancy by the bodies of the court or the arbitration court, the presumption of the coincidence of the will and the will is valid. The discrepancy between the will and the will may be the result of errors or material misconceptions regarding the subject and terms of the transaction. From the inconsistency of the will of the will, cases of defective will should be distinguished. In such cases, the will may coincide with the will, but its content will not reflect the actual desires and aspirations of the subject, because it was formed in him under the influence of deceit, violence, threats. A defect of will is also grounds for declaring the transaction invalid.

D) observance of the form of the transaction. The transaction gives rise to rights and obligations, provided that its form is observed.

Oral is a transaction in which the will of the parties is expressed in the process of direct negotiations between the parties. For example, during negotiations of the parties in a personal meeting, by telephone, by radio, not accompanied by the preparation of any document. A transaction for which a written or other specific form is not established by law may be concluded orally.

In the current legislation, the scope of use of the oral form of transactions is determined by the rule of Part 2 of Article 159 of the Civil Code - transactions executed upon completion may be made orally, if otherwise established by law. This rule is based on the fact that the execution of transactions when they are made means the termination of their validity from that moment. The amount for which the transaction is made is not taken into account. There may be exceptions to this rule. The law, for example, requires all transactions with housing construction to be put into a notarial form, regardless of the coincidence of the moment of their completion with execution.

Oral transactions are made by citizens for an amount not exceeding the amount established by law (10 times the minimum wage). And for certain transactions made by citizens, by virtue of the direct prescription of the law, the oral form is excluded even in cases where the transaction amount is below the legally established level. For example, the law requires a written form for a deposit agreement, regardless of the amount.

A transaction can be made through conclusive actions, if the law does not provide for a certain form for it (Article 27). Conclusive actions (conclude - conclude) - behavior through which the intention of a person to enter into a transaction is revealed. For example, by putting a coin into the machine, a person expresses his will to buy a product.

The written form of transactions is simple and notarial. A written transaction is a transaction made by drawing up certain “business booms” (documents, letters of protocols). A characteristic feature of such a document is that it fixes certain significant circumstances in relation to the transaction being concluded. Written transactions must be signed by the persons making them. If the transaction is made through a representative, he must sign it. When a citizen cannot sign a transaction with his own hand, on his behalf, the transaction is signed by another person - the appellant. His signature must be certified in the manner prescribed by Part 3 of Art. 160 GK.

Written transactions of legal entities must be signed by the heads and sealed. A written form is prescribed for transactions of citizens in excess of the amount specified in the law, and for some transactions, a written form is required, regardless of the amount and subjective composition. For example, in a bank deposit agreement (Article 836).

Subjects by agreement may put into writing any transaction, although by law such a form is optional for it.

Consequences of non-observance of a simple written form. In a comparatively limited number of cases, the law requires that a transaction entered into by the parties in writing be properly certified. The notarial form of the transaction is a way of state legitimation - legitimation of the will of the persons making the transaction. The notarial form of the transaction must be observed both in the cases provided for by law, and if there is an agreement of the parties in the notarial registration of the transaction, which is not required by law. For example, any transactions related to housing construction must be in a notarial form.

In cases established by law, a notarization of a transaction is equivalent to its certification by a certain official (commander of a military unit, head physician of a hospital, etc.) (part 2 of article 65 of the Civil Code).

The law equates to notarized transactions made in writing and registered with the executive committee of the village council (local administration) (Article 257, 239 of the Civil Code).

In certain cases, it is allowed to replace the notarial registration of the transaction with the judicial recognition of its validity, which is more often referred to as judicial completion of the absence of a notarial form. This is possible if one of the parties has fully or partially executed a transaction that requires notarization, and the other evades notarization of the transaction. Then the court has the right, at the request of the party that executed the transaction, to recognize it as valid, provided that there is nothing illegal in it. In this case, subsequent notarization of the transaction is not required (part 2 of article 165 of the Civil Code; part 3 of article 165 of the Civil Code)

In some cases, for the validity of a transaction, in addition to the notarial form, the law establishes its mandatory registration.

A special place in the system of lawful actions is occupied by the so-called public acts .

The Russian Federation, its constituent entities and municipalities operate through a system of their bodies endowed with competence, the volume and content of which is determined in special legal acts. Public bodies (state bodies and local self-government bodies) are generally created to solve public law (public, state) tasks, as a result of which they have quite certain powers and competence to issue legal acts that have an authoritative effect on civil legal relations.

Within the scope of their competence, public bodies may, respectively, on behalf of the Russian Federation, a constituent entity of the Federation or a municipal formation, enter into civil circulation, acquiring or exercising appropriate rights and obligations. As a result of such actions of public bodies, public legal entities (the Russian Federation, a constituent entity of the Federation or a municipality) become participants in civil legal relations, which are not created for participation in civil legal relations, which is for them a forced, auxiliary character in relation to the main activity.

Thus, entry into civil circulation on behalf of the relevant public legal entity does not directly entail the emergence of civil rights and obligations for public bodies .

For example, the Constitutional Court of the Russian Federation drew a kind of dividing line for understanding a private and a public act. Considering the civil law norms on freedom of contract and the conditions for remuneration for legal services based on the results of a court decision (award for winning in court), the Constitutional Court of the Russian Federation declared unacceptable such a connection between private interest and the possible result of justice as a public act.

But we must not forget that public bodies created as a general rule in the form of an institution (non-profit organization) can enter into civil circulation on their own behalf to meet their own needs. At the same time, entering into civil circulation, such institutions (public bodies) act as equal participants in it, who do not have advantages over other subjects - citizens and legal entities. For example, the real estate registration authority, when buying stationery, enters into contractual relations as a private person who, undoubtedly, has equal rights with another private person - the seller of these goods.

It means that public bodies, when they enter into civil circulation on their own behalf, are equated to private persons, whereby they have the ability to carry out various kinds of permitted actions, usually "available" to private individuals - for example, to make bilateral and unilateral transactions, unless otherwise provided by law. Thus, a public body (institution) can issue a power of attorney, unilaterally refuse to perform the contract (if this is allowed by law), announce a public competition, etc. This conclusion is also confirmed by judicial practice.

In addition to private and public acts, civilists also distinguish between legal facts in the form of legal acts.

The name "legal acts" was assigned to M.M. Agarkov of that part of the legal actions that were not aimed at legal consequences, but at the recognition of facts or notification of facts that will take place in the future and which entail legal consequences, regardless of whether these actions were aimed at these consequences or not. An analysis of legal actions allows us to agree with the opinion of O.A. Krasavchikov, who singled out at least five types of legal actions.

Legal actions have in common with legal acts that they are also performed with the express intention of producing legal consequences. The difference between a legal act and a legal act is manifested precisely in the fact that the first is aimed at the movement of legal relations, while the second is only at the implementation and protection of civil rights. Or, in other words, any permitted unilateral action aimed at the exercise or protection of subjective civil rights, with which the rules of law associate legal consequences, - This legal act .

Thus, the lawful actions of the subjects of civil legal relations act as the most numerous legal facts. However, no less significant are those circumstances that are associated with civil offenses. They will be discussed further.

4. Illegal legal actions as grounds for the emergence, change and termination of civil legal relations

In contrast to the considered permissible actions, an illegal action, according to the colorful definition of V. I. Sinaisky, "belongs to the pathological phenomena of civil circulation" . At the same time, he emphasizes that any illegal action, however, will be a legal action, since it entails certain consequences.

An unlawful legal action is an action that is illegal. And here the question arises: what should be understood by the illegality of an unlawful act?

An unlawful act is, of course, an act the commission of which is expressly prohibited by law in one form or another(direct prohibition, imposing a legal obligation to take a positive action, establishing the punishability of an act, etc.). At the same time, as already mentioned earlier, the action here is understood not only as the active performance of an action that is expressly prohibited by law, but also as a passive evasion from the commission of an action in cases where the law directly imposes on the subject the obligation to perform such an action.

Among the illegal actions that have the value of a legal fact, as a rule, such as causing harm to another person and unjust enrichment (clause 6-7 clause 1, article 8 of the Civil Code) are singled out. However, due to the dominance of civil law contracts and other transactions, the provisions on invalid transactions are of the greatest interest.

The invalidity of the transaction is understood as the non-occurrence by law of those legal consequences that the parties wished to cause by their actions when concluding the transaction.

The general rule on the invalidity of a transaction is formulated as follows - a transaction that does not comply with the requirements of the law or other regulatory legal acts is invalid (Article 168 of the Civil Code).

A transaction declared invalid is invalid from the moment it was made. However, if it follows from the content of the transaction that it may be terminated for the future, the effect of the transaction recognized as invalid shall be terminated for the future.

Taking into account significant differences in the degree of violation of the law when making invalid transactions, it is customary to divide them into null and void or absolutely invalid and relative.

The nullity of the transaction means that it is invalid from the moment of its completion (for example, imaginary, feigned, incompetent).

Voidable transactions- transactions that are not automatically invalid, but can be recognized as such by a court, since a claim has been filed by the person concerned and there are legal facts provided for by the relevant norm. For example, transactions made under the influence of deceit, violence, delusion, with minors, made on extremely unfavorable conditions under difficult circumstances (Article 179 of the Civil Code), etc.

TO transactions are void committed with a purpose that is obviously contrary to the interests of the state and society, i.e. antisocial deals. The invalidity of anti-social transactions stems from the contradiction of individuals and legal entities to the interests that directly or indirectly concern all members of society. The objective side of anti-social transactions are serious and especially dangerous violations of the law that encroach on state and public interests. The subjective side of transactions is characterized by the direct or indirect intent of one or both parties entering into such a transaction.

The nullity of an imaginary transaction is based on the fact that it is made for the sake of appearance, without the intention of creating legal consequences. An imaginary transaction can be made for illegal purposes and without them, but in any case it is absolutely void. the subjects committing it do not want and do not have in mind the onset of legal consequences generated by transactions of this type.

A sham deal is made to force another deal. It, like the imaginary one, is only for the sake of appearance, but covers up another deal that the parties actually wanted to conclude. The real will of the subjects receives a different expression. Therefore, a sham transaction in itself is always recognized as invalid, and the rules on the transaction that they actually had in mind are applied to the legal relations of the parties (part 2 of article 170 of the Civil Code). The covert transaction, in turn, may or may not be valid. Most often, an illegal transaction is covered up. When a covert transaction has nothing illegal, the rules governing that type of transaction apply. If it is illegal, then, like a feigned one, it is invalidated.

The nullity of hazing transactions of legal entities is based on the fact that in these cases legal entities pursue goals that contradict those specified in their charter. For the recognition of such a transaction as invalid, it does not matter whether the legal entity acted guilty or innocent. What is important is the fact of the transaction, which is contrary to its statutory goals. Guilt matters in determining the consequences of recognizing such a transaction as invalid.

Any transaction made by incompetent persons under the age of 14, which does not have signs of a petty household transaction, is absolutely invalid. Any transaction made by an adult but incapacitated citizen is void under the obligatory condition that at the time of the transaction there is a court decision that has entered into legal force declaring the citizen incompetent.

The nullity of transactions made in violation of the form may take place with a direct indication of the law on such a consequence (paragraph 2 of article 165 of the Civil Code). In case of violation of a simple written form, a detailed indication is available regarding the form of agreements on a penalty, suretyship, etc. (Clause 3, Article 162 of the Civil Code).

Failure to comply with the notarial form prescribed by law entails the invalidity of the transaction, regardless of whether this is indicated in specific legal norms (part 1 of article 165 of the Civil Code).

Relatively invalid are transactions made by partially or partially capable citizens, in the absence of the consent of their legal representatives. The absence of such consent serves as grounds for declaring the transaction invalid.

A transaction made by a citizen who is not able to understand the meaning of his actions is disputable. The invalidity of the transaction in this case is based on the fact that at the time of its completion, the citizen could not understand the meaning of his actions or manage them (Article 177 of the Civil Code).

A transaction made under the influence of a delusion of significant importance is voidable (Article 178 of the Civil Code). Minor errors and minor discrepancies between the provided, desired and actual consequences arising from the transaction cannot serve as a basis for invalidity. The material misconception must be about the main elements of the transaction. The consequences of such a delusion are generally irremovable, or their elimination is associated with significant costs for the deluded party. The reasons for the confusion are irrelevant.

The relative invalidity of a transaction made under the influence of fraud is based on the fact that the participant was deliberately misled by the other party in order to complete the transaction. Fraud can refer both to the elements of the transaction itself and to the circumstances accompanying the transaction, including motives that influence the formation of the will of the deceived participant.

A transaction made under the influence of violence is contestable (Article 179 of the Civil Code). The will of the participant in this case is formed not freely. Violence in civil law is understood as a physical impact on the personality of the subject or his relatives in order to induce him to conclude a deal. Violence is aimed at achieving a well-known “psychological” result – the expression of the will of the subject forced under the influence of violence to make a deal. Violence can come from the other side of the transaction, or from a third party.

A deal made under the influence of a threat is also contestable. Under the threat in civil law, it is customary to call a mental impact that arouses by words or actions in a person the fear of causing personal or property harm to him or his relatives.

Not every threat can serve as a basis for declaring a transaction invalid. The threat must be real and executable. The significance of the threat is also of practical importance. The question of the reality of the threat is decided by the court or arbitration court, based on the real circumstances of the case.

A transaction concluded as a result of a malicious agreement between a representative of one party and another is relatively invalid. In this case, it is assumed that there are three persons who, by virtue of existing agreements, are legally related in various ways. These are: the represented, the representative and the other party. The basis for recognizing such a transaction as invalid is that as a result of the intentional collusion of the representative with the other party, adverse consequences arise for the represented. In this case, it does not matter whether both parties to the conspiracy or one of the parties pursued selfish goals or acted solely with the aim of causing harm to the person represented.

Maliciousness of the agreement differs from the negligence of the representative, which, if there are sufficient grounds, may give rise to the represented right to demand compensation for harm (losses) from the representative.

A malicious agreement also differs from a representative's going beyond the scope of authority, because. in the latter case, the represented person may experience consequences subject to his subsequent approval of the transaction made by the representative beyond the scope of authority.

A transaction made by an entity as a result of a combination of grave circumstances on extremely unfavorable conditions for itself (Article 179 of the Civil Code) is also disputable.

The reason for declaring the transaction invalid on this basis is that a combination of circumstances forced this very unprofitable transaction to be made, and the counterparty took advantage of this. Therefore, in order to recognize the transaction as invalid as a result of a combination of grave circumstances, it is necessary to prove the presence of the guilty behavior of the counterparty, who intentionally uses the transaction in his own interests.

Certain conditions (part of the conditions) of the transaction are voidable and may be declared invalid. The basis for the invalidity of individual terms of the transaction may be defects in their content, contradiction to the requirements established by law, as well as defects in content caused by defects of will.

The invalidity of a part of the transaction should not entail the invalidity of the transaction as a whole, if the transaction can be made without the inclusion of invalid conditions (Article 180 of the Civil Code).

If a transaction made in violation of the requirements of the law was not executed, it is simply canceled. If the invalidated transaction is fully or partially executed, the question arises about the property consequences of its invalidity. In accordance with paragraph 2 of Art. 167 of the Civil Code containing general rules on the invalidity of transactions, each of the parties is obliged to return to the other party everything received under the transaction, and if it is impossible to return what was received in kind, to reimburse its value in money (paragraph 2 of article 167).

For example, when a contract for the sale of a bicycle is concluded by an incompetent person, the bicycle is returned to the seller, and the money is returned to the buyer, i.e. the parties return to the position in which they were before the transaction. This consequence is called bilateral restitution.

Bilateral restitution occurs in all cases of invalidity of the transaction, unless other property consequences are specified in the law.

Bilateral restitution is provided for cases of invalidity of transactions made:

1. in violation of the form;

2. contrary to the statutory legal capacity, if none of the parties allowed intent;

3. minors and incapacitated persons;

4. persons with limited legal capacity;

5. persons unable to understand the meaning of their actions and manage them;

6. under the influence of a delusion of significant importance, etc.

Another legal consequence of the invalidity of the transaction is unilateral restitution, which consists in the fact that what was performed does not receive back what was performed. It is transferred to the state. If the unscrupulous party did not have time to execute the transaction, what is subject to execution is transferred to the state's income. The following are the implications for transactions:

a) committed with a purpose that is obviously contrary to the interests of the state and society, if one party acted guilty;

b) transactions concluded under the influence of deceit, violence, threat, malicious agreement of a representative of one party with the other party or under a combination of difficult circumstances.

Both with bilateral and unilateral restitution, the law in some cases provides for additional property consequences in the form of reimbursement of expenses, the cost of lost or damaged property. So, when invalidating transactions made by: minors from 14 to 18 years old; a citizen with limited legal capacity; a citizen unable to understand the meaning of their actions; minors under 14 years of age, the capable party, in addition to returning what was received under the transaction, must also reimburse its counterparty for the expenses incurred by him, the loss or damage to his property, if he knew or should have known about the incapacity of the other party, para. 3 paragraph 1 of Art. 171 - incapacity.

In case of invalidation of transactions made under the influence of significant delusion, deceit, violence, threat, combination of difficult circumstances, malicious agreement of the representative of one party with the other, the additional costs shall be reimbursed by the guilty party (clause 2 of article 179).

The legal consequences of recognizing the transaction as invalid is the prevention of restitution and the conversion of everything that was transferred for execution or should be transferred under the transaction to the state revenue (Article 169 of the Civil Code).

The issues of applying the provisions on unilateral and bilateral restitution were clarified by the Plenum of the Supreme Arbitration Court of the Russian Federation.

Only the party that acted without intent can claim back what has been used. If, with the intent of one party, the transaction is executed by the other, the latter has the right to receive back the execution. The guilty party must transfer to the state income everything that was due from it. If the transaction is executed only intentionally, by the acting party, the innocent party must transfer to the state income everything that it received under the transaction, and itself should not execute it. If the money received is spent, compensation in money is transferred to the state revenue.

Thus, among the legal facts classified as illegal actions of participants in civil law relations, private and public acts, as well as illegal actions that give rise to, change or terminate the corresponding rights and obligations of subjects, should be singled out.

5. Legal events as grounds for the emergence, change and termination of civil legal relations

A variety of phenomena, including everyday ones, that do not depend on the will of a person - the birth and death of a person, a change in the river channel, heavy snowfalls and floods - all these are events. That is, unlike any legal action that is dependent on the will of a person, legal events are real life circumstances that occur regardless of the will of a person, which led to their designation as "legal facts in the strict sense of the word" .

Like any other life circumstances, events can be classified as legal facts (legal events) if they entail the occurrence of legal consequences. And this is possible only when the rule of law provides for the occurrence of such consequences for the abstract model of the event.

At the same time, it must be borne in mind that, as a rule, a legal event in itself does not entail legal consequences - for their occurrence, it is necessary to "intersect" a legal event with another life circumstance - a legal action. In other words, usually legal consequences arise from a legal composition, including a legal event and a legal action (legal actions).

For example, a lumber yard is destroyed by a flood, which carries it down the river far from the location of the destroyed warehouse. The owner of the land plot, to which these goods were taken out, may, considering these things as ownerless, acquire them by virtue of acquisitive prescription (clauses 1, 2, article 225 of the Civil Code of the Russian Federation). Obviously, the flood that destroyed the warehouse and "transferred" the property to another person is in this case a legal event that contributes (but does not autonomously entail) the emergence of property rights.

At the same time, what has been said does not mean at all that a legal event is not an independent fact. A legal event can also independently generate legal consequences, and a classic example here would be the termination of an obligation by the impossibility of performance caused by force majeure (clause 1, article 416 of the Civil Code of the Russian Federation). That is, a legal event that caused the impossibility of fulfilling the obligation of one of the parties to the contractual obligation to the other terminates the legal relationship.

Usually, legal events are understood as natural phenomena, but they are much more diverse, which seriously hinders their systematization and classification. Several traditional classifications are given in the literature.

First of all, according to the repeatability criterion legal developments divide by unique(for example, a solar eclipse) and periodical(e.g. rain, snowfall). Depending on the criterion of length in time, there are instant(i.e. incidents) and extended(that is, phenomena, processes) legal events. In addition, legal events are also divided according to such a criterion as the nature of the consequences into reversible And irreversible .

But the best-known classification is likely to be that of legal events. according to the criterion of dependence on human activity on absolute(phenomena that are not related to human activity and occur in addition to it) and relative(phenomena caused by human activity, but already occurring regardless of the reasons that gave rise to them, that is, outside the will of man).

The most popular illustration of the distinction between absolute and relative events is the example of a forest fire. In the event that a fire in the forest was caused by a lightning strike into a tree, this event (provided that it, together with another legal fact, led to the emergence of legal consequences), certainly refers to absolute legal events. If the causes of a fire in the forest were human actions (arson, improper use of electrical appliances, an unextinguished fire), this event under the same conditions is a relative legal event.

Distinguishing legal events into absolute and relative, it should be noted that scientific and technological progress has seriously expanded human capabilities to influence natural phenomena. And today, many of the natural disasters can act as human-controlled processes, or at least predictable natural events. As a result, it can be argued that the range of legal events is gradually narrowing, since the range of phenomena that do not depend on the will of man is reduced.

No less interest is likely to be caused by the classification of legal events according to the criterion of impact on the behavior of authorized bodies on ordinary And emergency. The former require only fixing their occurrence (birth, death, marriage), while the latter require intervention and the adoption of emergency measures aimed at combating a harmful event or eliminating the consequences (for example, Article 242 of the Civil Code of the Russian Federation provides that in cases of natural disasters , accidents, epidemics, epizootics and under other circumstances of an emergency nature, property in the interests of society, by decision of state bodies, can be withdrawn from the owner in the manner and on the conditions established by law, with payment of the value of the property to him).

Events are desirable or undesirable, but since they are natural phenomena, they cannot be lawful or unlawful (as well as the consequences of legal events). The concept of legality or illegality applies only to legal actions. And in this regard, you can rely on the opinion of V.A. Rakhmilovich, who points out that a normative prescription can only be violated by those to whom it is addressed, and the rules of law are addressed to persons who have the ability to act consciously and purposefully. "Consequently, only the act of behavior of such a person can be illegal," the scientist writes.

There is probably no objection to the assertion that time flow, which is an objective reality, does not depend on the will and consciousness of people at all - time is eternal and irreversible. Based on this characteristic, with a certain degree of conventionality, one could say that time flow from a legal point of view could be considered as an absolute legal event. However, the law does not provide for the dependence of any consequences on such a phenomenon as the passage of time, which gives every right to say that the passage of time cannot be considered as a legal fact in general and a legal event in particular.

1) they are established for specific purposes;

2) are outlined by at least initial and final moments;

3) the scales and standards of the term are deliberately chosen: it can be, for example, a year, a month, a day, an hour, or a circumstance;

4) and most importantly, they allow manipulations with them: as you know, deadlines can be extended, suspended, restored, etc.

Therefore, firstly, establishing, extending, limiting, observing or not complying with a deadline- This elements of the composition of a legal fact . For example, when making a transaction, the parties provide for the duration of the contract or another significant period, and the establishment of a period in the contract under no circumstances will be considered as an independent legal fact, but in many cases this is an indispensable condition for concluding the contract itself (that is, the condition for the occurrence of a legal fact) .

Due date – independent legal event , which should be attributed to relative legal events(it is caused by human activity, but occurs regardless of the will of the person). Thus, in what has become a classic example, the acquisition of property by prescription arises from two legal facts: the possession of bona fide, open and uninterrupted property as one's own, as well as the occurrence of a fixed period. That is, the legal consequence of ownership of property arises only with the accumulation of all the necessary legal composition.

But the onset of the term may independently entail the onset of legal consequences. For example, the expiration of the warranty period terminates the guarantor's obligation to the beneficiary (Clause 1, Article 378 of the Civil Code of the Russian Federation). Thus, the deadline is a legal fact, which in some cases may independently entail the onset of legal consequences, in others - be included in the legal composition as one of the constituent elements .

The onset of the term has the main common feature over time, it is independent of the will of the person. And it is from this position that one can support the assertions that the ratio of time and period is to a certain extent the ratio of the objective and the subjective, however, the passage of time and the onset of the deadline are concepts that are contiguous, but not coinciding.

Summing up the analysis of the events envisaged as legal facts, let us again point out their objective nature. Therefore, they represent real life circumstances that occur regardless of the will of the person.

Conclusion

The subject of the course work was the provisions of the current civil legislation on legal facts - the grounds for the emergence, change or termination of civil rights and obligations.

The paper considers only the most important, basic provisions on the grounds for the emergence, change or termination of civil legal relations. At the same time, some points of a controversial nature, a difference in understanding, were covered in more detail. The problems of legal facts are very complex and multifaceted and require independent consideration in relation to each of their varieties.

In any case, in the course of the presentation of the material, it was confirmed that the institution of legal facts is one of the most important, fundamental legal institutions in civil law.

Since the purpose of writing the term paper was the idea of ​​a legal analysis of the norms of the law, their interpretation and application, not only the normative provisions of the Civil Code of the Russian Federation, but also the work of civil law theorists, as well as judicial practice were used in the work.

As the material was presented, the following tasks were solved:

General provisions on legal facts in civil law are highlighted;

The main classifications of legal facts in civil law are revealed;

The characteristic of the main lawful legal actions as the grounds for the emergence, change and termination of civil legal relations is given;

The characteristic of the main illegal legal actions as the grounds for the emergence, change and termination of civil legal relations is given;

Legal events are disclosed as grounds for the emergence, change and termination of civil legal relations.

Bibliography

Normative legal acts

1. The Civil Code of the Russian Federation, part one of November 30, 1994 N 51-FZ, part two of January 26, 1996 N 14-FZ, part three of November 26, 2001 N 146-FZ and part four of December 18 2006 N 230-FZ (as amended on January 26, February 20, August 12, 1996, October 24, 1997, July 8, December 17, 1999, April 16, May 15, November 26, 2001, March 21, November 14, 26, 2002, January 10, March 26, November 11, December 23, 2003, June 29, July 29, 2, 29, 30 December 2004, March 21, May 9, 2, July 18, 21, 2005, January 3, 10, February 2, June 3, 30, July 27, November 3, December 4, 18, 29, 30, 2006, January 26, February 5, April 20, June 26 , July 19, 24, October 2, 25, November 4, 29, December 1, 6, 2007, April 24, 29, May 13, June 30, July 14, 22, 23, November 8, December 25, 30, 2008 d.) // SPS "Consultant Plus"

2. Federal Law of November 30, 1994 No. 52-FZ “On the Enactment of the First Part of the Civil Code of the Russian Federation” // Collection of Legislation of the Russian Federation of December 5, 1994 No. 32, Art. 3302.

3. Federal Law of January 26, 1996 No. 15-FZ “On the Enactment of Part Two of the Civil Code of the Russian Federation” // Collection of Legislation of the Russian Federation of January 29, 1996 No. 5, Art. 411.

4. Federal Law of November 26, 2001 No. 147-FZ “On the Enactment of Part Three of the Civil Code of the Russian Federation” // Collection of Legislation of the Russian Federation of December 3, 2001, No. 49, Art. 4553.

5. Federal Law of December 18, 2006 No. 231-FZ “On the Enactment of Part Four of the Civil Code of the Russian Federation” // Collection of Legislation of the Russian Federation of December 25, 2006 No. 52 (Part I) Art. 5497.

Arbitrage practice

6. Decree of the Constitutional Court of the Russian Federation of January 23, 2007 No. 1-P "On the case of checking the constitutionality of the provisions of paragraph 1 of Article 779 and paragraph 1 of Article 781 of the Civil Code of the Russian Federation in connection with the complaints of the limited liability company "Corporate Security Agency" and citizen V.V. Makeev" // Rossiyskaya Gazeta. 2007. February 2.

7. Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation dated May 14, 1998 No. 9 "On some issues of the application of Article 174 of the Civil Code of the Russian Federation in the exercise by legal entities of the authority to conclude transactions" // ATP "Consultant Plus".

8. Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation dated April 10, 2008 No. 22 "On some issues of the practice of resolving disputes related to the application of Article 169 of the Civil Code of the Russian Federation" // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2008. No. 5.

Educational and scientific literature

9. Civil law. In 2 vols. T. I. Textbook. / Rev. ed. E. A. Sukhanov. - M .: BEK, 1998.

10. Civil law. T. 1 / Ed. A. P. Sergeev, Yu. K. Tolstoy. ― M: PBOYuL L. V. Rozhnikov, 2001.

11. Gribanov V. P. Terms in civil law / Implementation and protection of civil rights. - M .: Statute, 2000 (Classics of Russian civil law).

12. Zhgunova A.V. Terms in Soviet civil law: Abstract of the thesis. dis. … cand. legal Sciences. Sverdlovsk, 1971.

13. Ioffe O.S. Soviet civil law. - M., 1973.

14. Ioffe O.S., Shargorodsky M.D. Questions of the theory of law. - M.: Legal literature, 1961.

15. Isaeva E.V. Procedural terms in the civil and arbitration process: studies.-pract. allowance. – M.: Wolters Kluver, 2005.

16. Krasavchikov O.A. Legal facts in Soviet civil law. - M., 1956.

17. Kurtsev N.P., Goryunova E.N. Legal nature of legal facts // Lawyer, 2003, No. 10.

18. Rakhmilovich V. A. Favorites. - M.: Yustitsinform, 2005.

19. Sanfilippo Ch. Course of Roman private law: Textbook / Ed. D.V. Dozhdev. – M.: BEK, 2000.

20. Sinai V. I. Russian civil law. - M.: Statute (Classics of Russian civil law), 2002.

21. Theory of State and Law: A Course of Lectures / Ed. M.N. Marchenko. - M.: Zertsalo, TEIS, 1996.

22. Tolstoy Yu.K. To the theory of legal relations. - L .: Publishing house of Leningrad State University, 1959.

23. Khalfina R.O. General doctrine of legal relationship. - M.: Legal literature, 1974.

See, for example: Theory of State and Law: A Course of Lectures / Ed. M.N. Marchenko. - M.: Zertsalo, TEIS, 1996, p. 397; Kurtsev N.P., Goryunova E.N. Legal nature of legal facts // Lawyer, 2003, No. 10.

It must be admitted that the definitions of legal facts found in civil law literature often only reproduce the definitions given to them in the general theory of law. See Tolstoy Yu. K. To the theory of legal relationship. - L .: Publishing house of Leningrad State University, 1959, p. 13; Khalfina R.O. General doctrine of legal relationship. - M.: Legal literature, 1974, p. 285.

Civil law. In 2 vols. T. I. Textbook. / Rev. ed. E. A. Sukhanov. - M .: BEK, 1998, p., p. 324.

Civil law. T. 1 / Ed. A. P. Sergeev, Yu. K. Tolstoy. ― M: PBOYuL L. V. Rozhnikov, 2001, p. 91.

Sinaisky V. I. Russian civil law. - M .: Statute (Classics of Russian civil law), 2002, p. 143.

Ioffe O. S., Shargorodsky M. D. Questions of the theory of law. - M.: Legal literature, 1961, p. 242.

S.Yu. Chucha, guided by the criterion of "structural complexity", distinguishes three categories of legal structures: (1) with independent accumulation of elements; (2) with sequential accumulation of elements; (3) using various structural principles, that is, a mixed composition (Chucha S. Yu. Grounds for the emergence, change and termination of legal relations associated with collective labor disputes // Bulletin of the Omsk University, 1999, issue 2, p. 159).

Decree of the Constitutional Court of the Russian Federation of January 23, 2007 No. 1-P "On the case of checking the constitutionality of the provisions of paragraph 1 of Article 779 and paragraph 1 of Article 781 of the Civil Code of the Russian Federation in connection with complaints from the limited liability company "Corporate Security Agency" and citizen V .V. Makeeva" // Rossiyskaya Gazeta. 2007. February 2.

Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation dated May 14, 1998 No. 9 "On some issues of the application of Article 174 of the Civil Code of the Russian Federation in the exercise by bodies of legal entities of the powers to conclude transactions" // SPS "Consultant Plus".

Krasavchikov O.A. Legal facts in Soviet civil law. - M., 1956. S. 157.

Sinaisky V. I. Decree. cit., c. 175.

O. S. Ioffe emphasized that “an action is recognized as unlawful if it is prohibited by law or other normative act” (see: Ioffe O. S. Soviet civil law. - M., 1973. S. 443).

Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation dated April 10, 2008 No. 22 "On some issues of the practice of resolving disputes related to the application of Article 169 of the Civil Code of the Russian Federation" // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2008. No. 5.

Sanfilippo Ch. Course of Roman private law: Textbook / Ed. D.V. Dozhdev. – M.: BEK, 2000, p. 65.

This is what contributed to the conclusion that legal events occupy a dependent and subordinate position in relation to legal actions.

Rakhmilovich V. A. Favorites. M.: Yustitsinform, 2005, p. 172.

[The fact that the expiration of time cannot be considered as a legal fact at all, writes A.V. Zhgunova ( Zhgunova A.V. Terms in Soviet civil law: Abstract of the thesis. dis. … cand. legal Sciences. Sverdlovsk, 1971, p. 5). She is joined, though not so categorically, by E.V. Isaeva, noting that in some cases the legislator operates along with the concept of "term" the concept of "time". Yes, Art. 12 of the Federal Law “On Enforcement Proceedings”, entitled “Time for Enforcement Actions”, is adjacent to Art. 13. having the name "Terms for the performance of enforcement actions" ( Isaeva E.V. Procedural terms in the civil and arbitration process: studies.-pract. allowance. – M.: Wolters Kluver, 2005, p. 70).

Gribanov V.P. Terms in civil law / Implementation and protection of civil rights. - M .: Statute, 2000 (Classics of Russian civil law), p. 250.

Cheat sheet on civil law. General part Stepanova Olga Nikolaevna

26. Grounds for the emergence, change and termination of civil rights and obligations

Civil law- a measure of the possible behavior of the subject. civic duty- a measure of the proper behavior of the subject. Civil rights and obligations give rise to, change or terminate civil legal relations.

For the emergence, change and termination of civil legal relations, the occurrence of certain circumstances, called civil legal facts, is necessary.

Civil Legal Facts- circumstances with which normative acts associate certain legal consequences: the emergence, change and termination of civil legal relations. The basis for the emergence of civil rights and obligations can be either one legal fact or several.

Grounds for the emergence of civil rights and obligations:

1) from contracts and other transactions provided for by law, or from contracts and other transactions that are not provided for by law, but do not contradict it;

2) from acts of state bodies and acts of local governments, which are the basis for the emergence of civil rights and obligations;

3) from court decisions establishing civil rights and obligations;

4) as a result of the acquisition of property on grounds permitted by law;

5) as a result of creation of works of science, art, literature, inventions and other results of intellectual activity;

6) causing harm to another person (moral or physical);

7) unjust enrichment;

8) events with which the law or other normative act connects the onset of civil legal consequences;

9) other actions of citizens and legal entities.

Legal facts can be classified into events and actions. Events arise, proceed and stop regardless of the will and consciousness of a person (natural disasters, natural phenomena, death, birth). Action - an act of will, the result of people's behavior (for example, making a deal).

Actions are divided into:

1) legitimate - do not contradict the law and other regulations;

2) illegal - on the contrary, they contradict the requirements of the law and other regulatory legal acts.

According to the legal significance, actions are divided into:

1) legal actions- lawful actions that give rise to civil law consequences, regardless of the intention of the person who committed the legal act;

2) legal acts- lawful acts that give rise to appropriate legal consequences only when they are committed with the intention of causing these consequences. Legal acts are administrative acts and transactions.

Administrative acts can be carried out both for the occurrence of relevant administrative and legal consequences, and for causing civil legal consequences (issuance by the local administration of an order for a dwelling). Administrative transactions committed only to cause civil consequences. Thus, legal facts in civil law can be classified into events and actions; legal and illegal actions; legal acts and legal actions; administrative acts and administrative transactions.

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