In:
Rossijskoe pravosudie, Russian State University of Justice, , No. 9 ( 2021-08-23), p. 41-47
Abstract:
Introduction. Сivil legislation has been supplemented with norms regulating relations regarding the adoption of decisions by civil law communities, which are the reason for the emergence of civil rights and obligations. Nevertheless, there is still uncertainty in science about whether decisions can be considered independent legal facts or whether they are a kind of transactions or consents. Theoretical Basis. Methods. The article is based on an analysis of the norms of positive law, primarily – Civil Code of Russian Federation. Using the comparative method, common and distinctive features of decision, transaction and consent institutions are identified. The method of classification and systematization is used to describe them. Results. As a result, the author comes to the conclusion about the different nature of the studied institutions. The will of the party to the transaction is aimed at generating legal consequences for themselves personally. These consequences occur as a result of the transaction. A member of the community, giving his vote, forms a decision that will have consequences not for him personally. In addition, the vote may end with a decision that the community member did not expect. The will of the party to the transaction is absolute. The party itself determines whether to enter into a relationship or not, what the terms of the transaction will be, and so on. At the same time, the will of the participant in determining the final type of decision is very limited. As a rule, voting is carried out on pre-defined questions, and the answer to them is limited to the answers «yes» or «no». Common to transactions and decisions is the possibility provided for by law of calling them invalid. However, both the grounds and consequences of invalidity differ. Unlike transactions, decisions are not subject to convalidation, but their flaws can be corrected by repeated adoption. Decisions also differ from consents. The consents is aimed only at transactions, whereas the decisions have a much greater field of action, including the transaction. Consent – are acts of attached will and the decisions – are act of the consolidated will. Discussion and Conclusion. The decision is a special and independent legal fact, which differs from transactions and consents in its subject composition, the nature of the expressed will and its direction, as well as the consequences of invalidity and the possibility of healing.
Type of Medium:
Online Resource
ISSN:
2072-909X
DOI:
10.37399/issn2072-909X.2021.9
DOI:
10.37399/issn2072-909X.2021.9.41-47
Language:
Unknown
Publisher:
Russian State University of Justice
Publication Date:
2021
