6. The concept of civil legal transaction and civil legal agreements.

Civil-law transactions are the lawful actions directed on occurrence, change or the termination of the civil rights and duties. Distinguish unilateral and bilateral (multilateral) transactions.

Unilateral transactions express will of one subject of legal relations. Examples of such transactions are: the will, inheritance acceptance, the compensation promise (for a find of the lost animal, for return of the lost documents).

Bilateral (multilateral) transactions express the coordinated will of several subjects of the right, therefore they are called contracts.

An agreement is an arrangement between two or more parties targeted at the establishment, change, or termination of civil rights and responsibilities.

An agreement shall be unilateral if one party assumes the obligation to the other party to commit certain actions or to refrain from them, and the other party is vested with the claim right only without arising of a counter obligation in respect to the first party.

An agreement shall be bilateral if both parties to the agreement are vested with rights and responsibilities.

Not any agreement of subjects of the law is the civil contract. The conditions of the validity of the contract:

1. legal personality of participants of the contract The conclusion of the contract demands conscious expression of will. Therefore valid contracts do not admit, concluded by incapacitated persons;

2. free will of the parties. Will of the parties is expressed in their consent to take up the defined duties and to get the certain rights. The will of the parties should be free. The will made owing to violence or under the threat of its application, is invalidity, so, the contract is also invalidity;

3. observance of the form of the contract demanded by the law. The forms of contracts are rather various: oral, written and even silent contract. However if the law contains instructions on the contract form, to conclude it, it is necessary only in such form. For example, the contract of purchase and sale of an apartment house is made only in written form;

4. reality of execution of the contract. The contract is valid if it can be executed.

An agreement shall be binding for fulfillment by the parties.

Term of agreement shall be a period of time, during which the parties can realize their rights and fulfill their obligations pursuant to the agreement. An agreement shall come into effect since the moment of its conclusion. The parties may establish that the provisions of the agreement are applied to the relations between them arisen prior to the agreement’s conclusion. Termination of the agreement shall not release the parties from responsibility for its violation occurred during the agreement’s validity.

An agreement shall be concluded, if the parties have duly reached a consensus on all its essential provisions.

Essential provisions of the agreement shall be the subject of the agreement, provisions that are established essential by the law or necessary for the agreements of a specific type as well as all those provisions, in respect thereof a consensus is to be reached upon application of at least one of the parties.

An agreement shall be concluded by way of one party’s proposal to conclude an agreement (an offer) and the other party’s acceptance of this proposal (an acceptance).