Real and consensual treaties in civil law

Law is a complex phenomenon that was created to regulate social relations. It should be noted that the system of legal norms did not always coordinate society. Predecessors of law were violence and religion. Over time, such regulators of social relations have shown their complete inefficiency. In turn, the right proved to be excellent in the sphere of influence on the society and the processes of interaction that arise in it.

It should be noted that jurisprudence for today regulates just a huge number of specific, completely different from each other legal relationship. Their appearance is caused by special legal factors. The population of the Russian Federation in the process of its vital activity can enter into legal relations coordinated by the civil branch of law. One of these can be called obligations. This kind of legal relationship has its own specifics and unique form. As a rule, obligations are expressed in contracts. The latter category is also endowed with a mass of different and extremely interesting moments. For example, in the theory of civil law, real and consensual treaties are singled out. Categories are similar to each other, but the specifics of their origin and implementation cause many scientists to remain in deep thought.

Concept of the contract in civil law

Modern civilization in many respects is built on obligations and only then on all other types of interconnection. Therefore, the contract is a key category of the civilian sector. According to Article 420 of the Civil Code of the Russian Federation, the agreement is an agreement of several persons aimed at stopping, establishing or changing any legal relations. The category is manifested in different types. Examples are real and consensual treaties. Civil law at the same time gives an exhaustive list of legal issues that condition these categories quite fully.

Basic concepts of the contract

The agreement of several persons is a legislative interpretation of the category mentioned in the article. But, as we understand, there is a large number of doctrinal judgments about the concept of a treaty. Thus, the term is used in the following meanings:

• As a written document fixing a specific obligation;

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

In this case, we are trying to find out what real and consensual treaties are. Therefore, these categories should be considered as a complex legal relationship.

Delineation of the contract and obligations

Many legal terms are incomprehensible to modern people. This leads to the fact that in everyday life these or other concepts are confused with each other. Similarly, the situation is with terms such as contract and obligation. It should be noted that the first term is broader in its meaning and nature. After all, an obligation is a legal relationship in which one party must commit or refrain from performing certain actions. As a rule, this category exists within the framework of the existing agreement between persons. Thus, a contract is a specific legal position of several parties, the basis of which is an obligation or several relationships of this nature.

Real and consensual treaties in civil law

All without exception relations between the parties in a civilization can be classified on the basis of different criteria. To date, scientists have identified preliminary, basic, simple, free, multilateral, public, non-public and other types of contracts. Separation of concepts is made on some common basis. Real and consensual treaties are a specific type of agreement. Their classification is made on the basis of the moment when the obligation actually arose. Thus, real and consensual treaties arise due to completely different legal facts.

The significance of dividing agreements into two types

Classification of contracts makes sense for the scientific field of activity. In addition, the separation of agreements on any principle has always been doctrinal, because the legislator does not group obligations in any way. Real and consensual treaties in a special part of civil law are inscribed in a chaotic order. However, in the scientific community, a theory was put forward about the existence of the types of obligations presented and their specifics. The judgment was apprehended, which helped to identify key moments of real and consensual treaties. Theoretical development has made it possible to significantly modernize the mechanism for their conclusion and implementation. But in order to understand all the key aspects of real and consensual agreements, it is necessary to analyze the categories separately.

Real agreement

All without exception, real contracts are fairly simple legal constructions. This thesis emerges from the very essence and the moment of the actual emergence of the agreement. According to most of the civilistic theories and provisions of normative acts, the reality of the contract is expressed in the need to transfer things to "launch" the commitment into action. In other words, the parties in the legal relationship of this kind are only interested in the subject matter of the agreement, which plays a very large role. In fact, the lack of fact of the transfer of things does not allow us to talk about the end of the process of concluding a treaty. Among the obligations of this kind are the following:

• A lease agreement for a vehicle (the obligation is deemed to be fulfilled from the moment when the lessee is given the opportunity to operate a car, a motorcycle, etc.);

• Loan agreement (the entry into force begins after the actual transfer of the agreed amount of money);
• Storage agreement.

Real and consensual agreements of the Civil Code of the Russian Federation do not correlate proportionally. In other words, agreements of the first type are less common than those of a consensual nature. Therefore, this category causes in the scientific environment an order of magnitude greater interest.

Consensual agreements

The second type of civil law contracts is based on the fact that the parties come to a single decision at the time of agreeing all the significant conditions. In other words, for the action of an obligation, the transfer of any thing is not required. The real and consensual treaties of the Civil Code of the Russian Federation differ in this respect. Because the structure of the mechanism for their implementation and action is completely different. In the theory of civil law, it is the consensual treaties that are developed most often than agreements of a real type. This is due to the specifics of the obligations that the legislator has established. The bottom line is that most of the treaties set out in the Civil Code refer to the consensual type, but more on that later.

Theoretical description of the category

The very existence of consensual treaties comes from the doctrine of civil law, which implies equality of the parties in virtually all mutual relations. In other words, such obligations are an expression of a free, developed civil-state system. The basis of consensualism in the agreements is the mutual trust of the parties. Individuals prior to the conclusion of the relevant agreement highlight subjective rights and obligations, which in the future should be implemented. The consensual contract implies the fulfillment of the agreed rights and duties, that is, the emphasis is on the good conscience of the parties. A characteristic aspect of such agreements is also a simple form in which individuals do not give each other any tangible guarantees.

It should be noted that agreements of the type presented are in all cases bilateral. This fact is derived not only in doctrine, but also in the legislative framework. The peculiarity of consensual treaties is that both sides have equal rights and obligations in such agreements. Therefore, relations arising from obligations are the most complete and legally correct.

Historical prototype

Most of the existing civilian types of agreements came to us from Roman private law. The real and consensual treaties are no exception. The Civil Code of the Russian Federation provides an exhaustive list of such agreements. But if the real treaties left no significant impression in history, then the consensual obligations have their own prototype. In Roman private law there was such an institution as stylization. He was a kind of oral contract, distinguished by a high level of formalism and abstractness. But its distinctive feature was the obligatory verbal formula.

That is, in order to establish such an obligation, it was necessary to pronounce certain words in order to obtain a positive or negative response. The main difference between stapulation and consensual agreements is the absence in the structure of the last mandatory formula of words.

Legislative examples of obligations

Real and consensual agreements are forms of obligations stipulated in the greater part of the Civil Code of the Russian Federation. Therefore, examples of such agreements should be sought precisely in this normative act. A number of consensual can be considered a large number of different treaties, namely:

• The purchase and sale agreement;
• Contract of employment;
• Contract of supply;
• Contractor agreement, etc.

Conclusion

So, we examined real and consensual treaties. Examples can be found in the current Civil Code. It should be noted that the classification of agreements is of great importance for both theory and practice. After understanding the specifics of contracts, it is possible to improve the mechanism for their implementation and immediate implementation.