Law
Transactions, Contracts, and the Limitation Period
Transaction: an action aimed at creating, changing, or terminating civil rights and obligations (Civil Code, Article 101).
Transactions
| Type | Examples |
|---|---|
| Unilateral | will, power of attorney |
| Bilateral | sale and purchase, lease |
| Multilateral | three or more parties take part (Article 102) |
- Unilateral: will, power of attorney.
- Bilateral: sale and purchase, lease.
- A will is not bilateral: it is a unilateral transaction, because the will of one person is enough.
Form and Validity of a Transaction
- Form: oral or written (simple or notarized), Article 105.
- Sale of housing: notarization and registration. A contract for the sale of a house, an apartment, or a part of them is notarized and undergoes state registration (Article 488).
- A contract for the sale of other immovable property is drawn up as a single written document signed by the parties (Article 480), and the transfer of ownership is registered with the state (Article 481).
- For a transaction to be valid, the person's capacity, voluntary will, and compliance with the law are required. Valid transaction: capacity, will, law.
- Otherwise, the transaction is declared invalid.
Limitation Period
- Limitation period: the time within which a violated right can be protected through the court.
- General period: 3 years (Article 150).
- The period runs from the day the person learned of the violation of the right (or from the day they should have learned of it) (Article 154).
- A person's right is violated
- They learn of the violation or should have learned of it
- The 3-year limitation period begins from that day
- A claim is brought to court within the period
