First, it is a bilateral restitution (a restitution restoration of a former state is called). At it each of the parties tells another everything that is acquired by it according to the transaction. Such transfer has to happen in nature (even if the received takes the form of use of property, performance of work or rendering to an usl, and only at impossibility to make it it is necessary to provide compensation.
Speaking about validity of the transaction it should be noted that that is formed by unity of four elements: subjects of the transaction, subjective party (i.e. will and will), forms and contents. Non-compliance with one of these elements results in invalidity of the transaction.
Recognizing that the transaction is a strong-willed act, it is necessary to remember that its commission requires existence of capacity which differently is defined for citizens and legal entities and can be limited concerning some transactions.
In my opinion, such variety of types of transactions, or, if I may say so, pluralism of transactions, in many respects promotes expansion of freedoms of private business as the parties have more opportunities for relationship in the economic plan, without being clamped in a narrow framework as it was at planned system of economy.
And here people crowds went and were built in painfully familiar turns to get by nothing a provided piece of paper (as a rule, bought for a large sum – therefore were ruined). And then again for hours stood in queues to return the already irrevocably lost money.
I will repeat that invalidity of the transaction means that behind this action value of the legal fact in this connection the invalid transaction cannot generate legal consequences which the parties were meant at the conclusion of the transaction does not admit. Meanwhile the invalid transaction leads to the certain legal consequences connected with elimination of consequences of its invalidity.
Here I consider it necessary to note that transactions are made only by capable citizens as incapacity of the citizen making the transaction involves its invalidity. Certainly, recognition of the citizen the incapacitated is made by court.
Classification of transactions on types is made on various signs. It is difficult to allocate any uniform classification covering all possible types of transactions as various classification bases are the basis for division of transactions into types. In this regard at the characteristic of transactions specific accessory of this or that transaction at the same time on several groups is usually specified. The moment of emergence of the rights and duties, and onerousness, etc. act as the classification bases also number of the parties in the transaction, and.
Transactions happen termless and urgent. In the first the moment of the introduction of the transaction in action, nor the moment of its termination is not defined neither. It comes into force immediately. Transactions in which it is defined or the moment of the introduction of the transaction in action, or the moment of its termination, or both specified the moment, are called urgent. The term which the parties determined as the moment of emergence of the rights and obligations for the transaction, is called suspensive. On the contrary, if the transaction comes into force immediately, and the parties caused the term when the transaction has to stop, such term is called resolutive.