THE TERM AND THE ESSENCE OF LEGAL TRANSACTION Cover Image

POJAM I SUŠTINA PRAVNOG POSLA
THE TERM AND THE ESSENCE OF LEGAL TRANSACTION

Author(s): Nataša Halilović
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Commercial Law
Published by: Sveučilište/Univerzitet "VITEZ"
Keywords: legal transaction; law; civil law;

Summary/Abstract: Legal transaction is a legal fact which leads to the formation, termination or change in law. From Roman law and the creation of categories of legal work, they have evolved and progressed in line with the modernization of legal transactions. They were adapted to the legal affairs and their forms bearing in mind growing need for rapid transfer of ownership rights, borrow funds, to forcibly carry out unfulfilled obligations. In a formal sense, the legal transaction is a voluntary individual legal act of non-state entity. Approved by and binding upon the authority of the legal order. Typical contents of a legal transaction is the individual disposition that requires the consent of person creating the transaction. Legal transaction occurs in various areas of law: employment law, international public law, family law, inheritance law, and in all branches of property law. If a legal transaction occurs in the field of economy, and property relations, than we discusses has civil law nature. Civil law transaction may be divided into civil affairs in the strictest sense, and the business law transactions. The first group is regulated by norms of civil law, the second- by norms of civil law. Differences between these two types of civil law transaction, are rather of technical rather than substantive nature.

  • Issue Year: 2012
  • Issue No: 3
  • Page Range: 323-345
  • Page Count: 23
  • Language: Bosnian, Croatian, Serbian