FORMAL REQUIREMENTS FOR A LEGAL TRANSACTION IN RUSSIAN AND GERMAN LAW Cover Image

ФОРМАЛЬНЫЕ ТРЕБОВАНИЯ К СДЕЛКЕ ПО ЗАКОНОДАТЕЛЬСТВУ РОССИИ И ГЕРМАНИИ
FORMAL REQUIREMENTS FOR A LEGAL TRANSACTION IN RUSSIAN AND GERMAN LAW

Author(s): Kamil Maratovich Arslanov
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Казанский (Приволжский) федеральный университет
Keywords: German civil law; legal transaction; concept of legal transaction; form of legal transaction; oral form; implicative action; written form; notarial certification of a legal trans-action;

Summary/Abstract: Since the 19th century, German law has been a legal standard for the development of various institutions of Russian civil law, including one of the central civil institutions, i.e. the institution of legal transaction. The reform of civil legislation which is currently carried out in Russian is also based on the advanced experience of German law. This explains the need for a comparative legal analysis of the formal requirements of the Russian and German legal systems in relation to a legal transaction as a will expression. Legal transaction as a will expression can be represented in different forms: written or oral, implicative or notarial. The essential part of the analysis of formal requirements for legal transactions is a research into the legal consequences of non-compliance with these requirements.