Civil transactions – are considered one of the common activities, taking place on a daily and hourly basis, at many different locations. Civil transactions are often expressed in many different forms such as verbally, via acts, in writing, etc. However, some specific types of transactions require certain forms of expression. Through the following article, we hope that readers will have a thorough view of the legal provisions on form of civil transactions.
1. Forms of civil transactions
The law stipulates that there are 03 main forms of civil transactions:
This is the most popular form in the case of small transactions. As long as both parties reach an agreement, the transaction will take effect. Therefore, the parties usually do not keep the detailed content of the transaction (unless the parties record the sound or images of the transaction content). When a dispute occurs, one of the parties initiates a lawsuit to the Court, this party will encounter some difficulties in proving the content of the transaction as well as the rights and obligations to be performed when the transaction has been in effect if the other party denies the transaction.
When the transaction’s subject is of high value, it is usually expressed in writing. This is the prioritized form when the parties participate in civil transactions, thanks to its advantages, such as it is the basis for the parties to review the transaction performance and for competent state agencies to settle disputes (if any).
The writing expresses the parties’ mutual agreement and usually takes effect immediately after the parties sign the document (unless otherwise agreed). On the other hand, the law stipulates specific cases in which a transaction must be made in writing, and this form is considered a valid condition of the transaction. In some cases, transactions must also be made in writing, notarized, certified or registered, if requested by law. For example: For transactions such as gifting, trading, exchanging, transferring, etc., related to real estate, movables, it is required to register for ownership rights.
In addition, civil transactions performed through electronic means in the form of data messages in accordance with the law on electronic transactions are considered transactions in writing. For example, two parties express the transaction in the form of email, SMS, message in messenger, etc.
An act is a person’s way of dealing with specific situations, expressed in the form of action or inaction. These acts are often used to establish common civil transactions, performed immediately and becoming common habits in related activities and fields. For example: A is the buyer and B is the seller, the two parties agree that until the 25th of every month, if A does not call to change the quantity of goods, B will deliver the goods with the equal number to last month’s for A at the end of the month.
2. What should the parties do when the forms of civil transactions that establishing a transaction is not in accordance with law?
For some certain civil transactions, the law will require that such transactions be made in writing, notarized, certified, and registered, however, the parties may not perform as requested for various reasons. This is considered a violation in terms of the civil transaction’s form and the transaction may not be valid. In this case, the parties can apply a number of solutions as follows:
- Discuss to re-establish civil transactions in writing, notarized, certified, and registered (if it is prescribed by the law).
- Contact individuals/organizations providing legal services to seek support and advice on the form of civil transactions in order to best secure their rights and interests.
Above is the article “Forms of expression of civil transactions”. We hope this article is useful to you.