Separate issues of classification of civil law contracts

Abstract

The article is devoted to considering problematic aspects of the classification of civil law contracts and the outline of directions for their resolution. The author highlights the existing approaches in the doctrine of law to determining the criteria for classifying contracts in a dichotomous way and supports the position of those scientists who believe that the criterion for such a division is a sign of a contract. In the author’s opinion, the presence (absence) of a feature, which is used as a criterion for dichotomous classification, is not a basis for qualifying a contract as a separate type but only indicates that the contract belongs to the corresponding group of contracts, each of which is characterized by the same feature. The dichotomy makes it possible to distinguish the features of a contract but is not intended to build an integrated system of contracts in which each contract takes its place and, at the same time, reflects the relationship with other contracts of this system. Such a system can only be created within a multi-stage classification, which is carried out using several criteria (type, subtype, species, subspecies).
The peculiarities of the classification of contracts are also determined by the multifaceted nature of the civil law contract as a legal phenomenon, which encompasses the understanding of the contract as a legal fact, as a contractually binding legal relationship, and as a regulator of civil legal relations. The classification of the contract as a kind of transaction should be based on the understanding of the contract as the basis for the emergence of an obligation. When it comes to the classification of contractual obligations, the basis of building their system should be based on the essence of the obligation.
As a result of the conducted research, the author concludes that each method of classification has its purpose, and scientific searches in the direction of systematizing contracts will continue in the future, as they have a positive impact on the development of legislation and on contractual practice.