On concept of transaction in RF Сivil Сode

The concept of transaction was usually fixed in law. So, in Article 41 of the 1964 Civil Code of the RussianFederation (CCRF) transaction was defined as an action of citizens and organizations, directed at establishment, change or terminationof civil rights and duties. According to Article 153 of 1994 ССRF transactions are actions of citizens and the legal bodies directed atestablishment, change or termination of civil rights and duties. These definitions to a certain extent differ from each other. The matter isthat some organizations do not always have the status of the legal entity (Item 3, Article 23 of ССRF). Actions of citizens and legalbodies can be directed not only at establishment, change or termination of civil rights and duties, but also on their suspense and renewal.In Article 977 of ССRF, for example, such bases of termination of the contract of agency as the draft of the appointee for short-termmilitary service, their detention or administrative arrest are not provided. A similar situation arises with execution of paid servicesagreement, for according to Article 780 of ССRF "the executor is obliged to render services personally" if otherwise is not provided bythe contract, and with execution of other transactions. Suspension and renewal of transaction can have legal value if parties have strictdeadlines for performing duties, or computation of time of limitation of actions. In Article 203 of ССRF the legislator uses suchconcepts as "suspension" and actually "renewal" (Part 2, Article 203 of ССRF). It is necessary to reconsider the position that transactiongenerates only civil legal relations. Transactions are the basis of occurrence of relations, which are regulated by norms of other branchesof law, too (labour, family, constitutional, natural resource, etc.). Labour contracts are not only labour transactions, but also civil lawones. The customer under the contract on performance of such works is obliged "to give the executor all the necessary information toperform work; to accept results of the executed works and to pay for them" (Article 702 of ССRF). Such contracts meet therequirements of labour contracts. Similarly, it is possible to consider and the turnkey contract (Article 702 of ССRF). Under the turnkeycontract one party (the contractor) undertakes to execute certain work on the instructions of the other party (the customer) and pass it tothe customer, and the customer undertakes to accept the results of work and to pay for it. Hence, the theory of transactions is not apriority problem for civil law science only. The ideas of civilists can be taken as principles of the theory of transactions suitable forstudying them in other branches of law. In the most general sense transaction can be defined as strong-willed actions of persons andlegal bodies expressed in a certain form and directed at occurrence, change, suspension, renewal or termination of their rights and duties.

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