РАЗДЕЛЕНИЕ СДЕЛОК НА ОБЯЗАТЕЛЬСТВЕННЫЕ И РАСПОРЯДИТЕЛЬНЫЕ: ПЕРСПЕКТИВЫ ЗАКОНОДАТЕЛЬНОГО ЗАКРЕПЛЕНИЯ

Abstract

This article provides a legal assessment of the prospects for legislative consolidation in Russia of the division of transactions into obligatory and administrative, the opinion about the need for which is expressed in the science of civil law. Supporters of the idea of ​​administrative transactions as such consider the actions of the parties to execute the contract. Meanwhile, the position of scientists who reject the idea of ​​administrative transactions seems to be more consistent with the civil legislation of Russia, since the current civil legislation does not give grounds to consider the actions of the parties to the agreement on its execution as transactions. Otherwise, the transaction will be deprived of its main feature — the free expression of the will of the parties, since the fulfillment of obligations does not imply such an expression of will. In support of his position, the author made an attempt to refute the arguments that the assignment of rights presupposes the expression of the will of the parties to conclude an agreement and a separate expression of their will to make the assignment, that is, the execution of an administrative transaction in pursuance of the specified agreement.