- •9. Criminal punishment is the authoritative imposition of something negative or unpleasant on a person in response to behavior deemed wrong by an individual or group.
- •18. The notion and the types of legal conduct
- •19. The notion and the types of administrative penalty
- •47. A key principle of legal liability - the principle of legality, the essence of which is severe and strict adherence to legal regulations.
- •64. The forms of ownership of Ukraine.
- •65. Describe parties of the labour contract.
- •66. The form and the types of the state territorial system.
- •67. The contract of purchase-sale
- •70. The contract of lease.
- •71. The citizenship
- •72. Civil legal capacity and civil legal capability
- •74. The notion of legal rule
- •75. Describe the notion of the civil legal relations
- •76. The contract of donation
- •77. The notion, the grounds of origin and stopping obligation
- •78. The notion and types of civil contracts
- •79. Functions of law
- •80. The legal capability
- •81. The notion and the types of civil responsibility.
- •82. The requirement to the person, who wants to become a deputy.
- •83. The amnesty and the legislative pardon(legislative clemency).
- •84. The notion and the types of the time for rest in labour law.
- •86. The notion and types of crime.
- •87. The basic fields of law of Ukraine.
78. The notion and types of civil contracts
Definition of the Contract
Under Art. 626 of the Civil Code, a contract is an agreement of two or more parties with regard to the establishment, alteration or termination of their civil rights and obligations. The notions of civil and of business contracts are correlated as to kind and type, in the sense that the rules of the Civil Code rules may apply to relations arising from business contracts, whereas it is not possible to apply provisions of the Economic Code to civil relations that are not qualified as business relations.
TYPES OF CONTRACTS
The legislative acts follow the classical division of contracts into consensual and real, payable and non-payable, abstract and executed contracts, etc. The Civil Code explicitly divides all transactions into unilateral, bilateral and multilateral (Art. 202). Such a division is based on the right of demand of one party and the counter obligation of the other party to perform any actions or refrain from them. The Civil Code includes the presumption of the remunerativeness of the contract. The contract may therefore be considered gratuitous of benefice only if this is regulated by its text or by law. The gratuity may arise from the context of the contract, as for the donation agreements and for loans.The Civil Code, inter alia, also regulates the agreement of adhesion (Art. 634), the public agreement by which an entrepreneur has undertaken an obligation to sell commodities, fulfill jobs or provide services to anybody and. is obliged by the law to enter into contracts provided he has possibilities to supply the respective goods to the consumer (Art. 633), the agreement to the third person's benefit (Art. 636) and interlocutory agreements (Art. 635). The Special Part of the Civil Code is devoted to the specific types of contracts: sale and purchase, loan, delivery, donation, rent, lifelong maintenance, lease, contractor's agreements, services, transportation, insurance, agency, commission, property management, factoring, commercial concession, joint venture and many others.
79. Functions of law
The functions of law - is the direction of its impact on social relations. There are the following basic functions of law: 1) regulatory (the direction of legal action aimed at streamlining the public regarding the introduction of them in certain limits), which in turn are divided into: a) regulatory and static (expressed as a consolidation of certain social relations); b) regulatory and dynamic (expressed in the development of certain social relations); 2) protective (expressed in the protection of certain social relations, their security and the simultaneous displacement relationship of the opposing Protected) There are other features: a) the information (the right - a source of knowledge about state-organized society and the legal status of the individual, the will of the legislature as expressed in legal norms, etc.); b) the orientation (right - a source of knowledge about the mechanism of the state of the permitted or prohibited forms of behavior); c) estimated (right - as a criterion for evaluating the conduct of lawful or unlawful); d) educational (right - a factor that influences the formation of individual behaviors.)