Peculiarities of defining the term of simultaneous civil law contracts

It has been determined that the situational-defined term of the contract is typical for simultaneous contracts. Features of one-time contracts are allocated: 1) are concluded in order to transfer property to property; 2) conclusion, execution and termination occur simultaneously; 3) the conclusion, execution and termination of the contract are carried out by the parties by committing at a time actions (actual (direct transfer of the thing), legal (notarization and (or) state registration of real rights) or symbolic nature (symbolic transfer of the layout of the gift, documents, keys to it). Based on the analysis, the definition of the concept of «one-time contract» is proposed. The features of determining the term of one-time contracts depending on their groups are disclosed: simple one-time contracts and one-time contracts with a complicated procedure of registration. Thus, the contracts of this group include contracts of sale of land, a single property complex, a residential building (apartment) or other real estate (except for contracts of sale of property in tax lien); contract of donation of immovable things; a contract for the donation of currency values for an amount that exceeds fifty times the amount of the tax-free minimum income of citizens. Complex one-time contracts (contracts with complicated registration procedure) are endowed with the following features: the object of such a contract is immovable or other things for which state registration is provided; form of contract - written; the contract requires notarization and (or) state registration; conclusion, execution and termination of the contract is associated with notarization; the moment of occurrence of ownership of the acquirer is the moment of notarization of the contract, and if state registration is provided - from its moment. The signs of simple one-time contracts include the following: the object of the contract is exclusively moving things; the conclusion, execution and termination of the contract are associated with the commission of only actions of an actual nature; form of contract - oral. For example, one-time contracts are retail sales, donation of a moving thing.

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Publication Details

Journal
Analytical and Comparative Jurisprudence
Published
2025-06-24
DOI
https://doi.org/10.24144/2788-6018.2025.03.1.45
Primary Topic
Legal, Health, Environmental and COVID-19 Challenges
Type
article
Field-Weighted Citation Impact
0.00
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article

Peculiarities of defining the term of simultaneous civil law contracts

С.С. Панченко
Analytical and Comparative Jurisprudence
Legal, Health, Environmental and COVID-19 Challenges
article

Peculiarities of defining the term of simultaneous civil law contracts

С.С. Панченко
article en

Abstract

It has been determined that the situational-defined term of the contract is typical for simultaneous contracts. Features of one-time contracts are allocated: 1) are concluded in order to transfer property to property; 2) conclusion, execution and termination occur simultaneously; 3) the conclusion, execution and termination of the contract are carried out by the parties by committing at a time actions (actual (direct transfer of the thing), legal (notarization and (or) state registration of real rights) or symbolic nature (symbolic transfer of the layout of the gift, documents, keys to it). Based on the analysis, the definition of the concept of «one-time contract» is proposed. The features of determining the term of one-time contracts depending on their groups are disclosed: simple one-time contracts and one-time contracts with a complicated procedure of registration. Thus, the contracts of this group include contracts of sale of land, a single property complex, a residential building (apartment) or other real estate (except for contracts of sale of property in tax lien); contract of donation of immovable things; a contract for the donation of currency values for an amount that exceeds fifty times the amount of the tax-free minimum income of citizens. Complex one-time contracts (contracts with complicated registration procedure) are endowed with the following features: the object of such a contract is immovable or other things for which state registration is provided; form of contract - written; the contract requires notarization and (or) state registration; conclusion, execution and termination of the contract is associated with notarization; the moment of occurrence of ownership of the acquirer is the moment of notarization of the contract, and if state registration is provided - from its moment. The signs of simple one-time contracts include the following: the object of the contract is exclusively moving things; the conclusion, execution and termination of the contract are associated with the commission of only actions of an actual nature; form of contract - oral. For example, one-time contracts are retail sales, donation of a moving thing.

Analytical and Comparative JurisprudenceVol. 1(3)
Weatherford College (US)
Openalex Percentile: Top 76%
Legal, Health, Environmental and COVID-19 Challenges
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