Legal instrument
The transaction is an event that consists of at least a declaration of intent that either causes alone or in conjunction with other constituent elements of a legal consequence, because it is intentional.
The desired legal consequence does not occur through the declaration of intent, but by the right business. The transaction is the means of structuring of legal relationships, such as the closed contract ( transaction ) establishes the rights and obligations and not statements of intent.
In addition to the element of intention (s) may be a legal transaction also contain the other elements. Thus, the transaction of transfer of ownership includes both an agreement (two matching declarations of intent ) on the other hand, the transfer ( transfer of possession = Realakt ). However, under certain circumstances, the transaction consists of only a declaration of intent, for example, in lieu of notice or the resignation.
The transaction is not identical with the mere right of action, in which the legal consequence of that occurs independently of the will, which is - it results rather solely from the legal system. Actions that are carried out within the framework of legal proceedings ( procedural measures ) are also no legal transactions.
Effective declarations of intent will be issued ( by implication ) eg nod orally, in writing and by mere action, provided that the declarant will have legal capacity.
- 2.1 sided transaction
- 2.2 Multi-page legal transaction
Commitment and available business
In the German legal family legal transactions are in commitment and disposal transactions divided (separation principle). Obligation shops create the commitment to a action, toleration or omission (eg purchase contract ). Available transactions involve direct exposure to a right to transfer, stress, termination or modification of its content (eg, transfer of ownership of the purchased thing). Do they allow a unilateral change in the legal situation, we speak of design shops.
To each other can the ratio of commitment and disposal business, depending on the legal, differ. So in German law applies the principle of abstraction, in the Austrian and Swiss law, the principle of causality.
Principle of separation and abstraction principle ( German Law )
Regarding the classification of transactions is to be noted that the terms causal transaction and available business or abstract right business and financial commitment are not congruent. While most shops are causal commitment shops yet - although many - not all abstract shops also available shops.
Causal transaction
The causal transaction sets the legal basis for the abstract legal transaction. The supported from the causal transaction Rechtsgrund the legally envisaged success of transactionThis For multi-page transactions an agreement on the legal basis is required.
Abstract transaction
The abstract transaction means the right business that is done in isolation of the legal basis. In Germany the doctrine is represented by the abstraction principle in civil law: the available business can therefore be effective without a legal cause ( causal transaction ). Each available, such as the transfer of ownership or assignment, is an abstract legal transaction. But commitment transactions, such as the acknowledgment of debt or the debt promises belong to the abstract legal transactions.
Separation principle and principle of causality (Austrian, and Swiss law )
In the Austrian and Swiss law as well as in German law applies the principle of conceptual separation of Engagement (title) and available business ( mode ), although it is referred to here not many words as " separation principle ". For the relationship between the title and the principle mode of causal tradition applies ( causality principle). Although the Austrian and Swiss law thus separates obligation transaction (eg contract of sale ) and available business (eg handover ) as stringent, but allows neither an abstract commitment or an abstract disposal business. Instead, both must each be causal.
Title ( executory agreement )
The undertaking business must be causal, that there is a reason that makes it economically in the sense. In a purchase contract which is for example the interest to get one thing and the other side of money one side.
Mode ( available business)
Furthermore, the available business in the sense must be causal, that it is only effective if a valid binding transaction, a title is (the principle of causal tradition).
This results in the following scheme: economic purpose → causal binding obligation → Business → → causal bond available business
Single and multi -page transaction
Unilateral act
When unilateral legal transaction of a declaration is only necessary. In that regard, at how many people unilateral act is made. If two people at the same time in a rented apartment, they can only terminate together. This unilateral act is also called total act (eg Testament).
Multi- transaction
When multi-page transaction, there are several matching, related declarations, which were explained by at least two people.
Are these statements of intent mutually, then there is a contract.
Identical parallel declarations of at least two persons are called total file (for example, a common termination of a lease by a number of tenants ), identical, parallel output declarations in an assembly decisions (eg general assembly of an association ).
Legal persons transaction
For personal legal transactions are transactions that are related specifically to the person or their status. The personal legal transactions can be made generally only personally. They are hostile condition and require regular a particular form (eg marriage pursuant to § 1310 BGB).
Faulty transaction
The effects of a transaction may fall short of the intended legal consequences if it suffers from defects which are considered legally significant (eg incapacity, formal errors ). Not every erroneous legal transaction is void. Further steps are the relative ineffectiveness, the floating ineffectiveness and the contestability of the transaction.