LEGAL CONSTRUCTIONS IN CONTEMPORARY CIVIL AND BUSINESS LAW

Abstract

The paper analyzes the evolution of legal transactions as basic institutes of civil law and their changes caused by dynamics of social and legal relations, primarily in legal transactions in the economy. The development and improvement of social relations is an unstoppable and progressive process. The evolution of the legal relationship between the various entities is a necessary consequence of this development. Modern market business entities that are professionally engaged in certain commercial activity abounds innovations that are shaping the emergence of new legal structures. Through its continued use in practice, becomes regulated by its normative power of the factual use. Then, they are being transformed from the legal construction to the new, nominated civil transaction. The legal nature of the construction in business law determines mainly their practical role. The frequency of individual structures in practice leads to its legal regulation as a separate transaction. The main objective of the occurrence of these types of businesses is streamlining and efficiently meet the needs of professional market participants, primarily businesses, and raising the level of legal certainty. Representative examples of new, civil transactions are: leasing, factoring, fortfeting, franchizing, consulting, distribution agreements, agency and so on. The paper deals with the theoretical analysis of the classical concept of a legal transaction and by the way of that produces complex legal transactions in the form of legal structure, which may become a new, nominated contracts. The emphasis in this paper is placed on the determination of the concept and the legal nature of the legal construction in the civil and business law.