Sdelka

Sdelka (Russian: сде́лка)

A sdelka is a Russian legal term that generally translates to "transaction," "deal," "agreement," or "contract." It encompasses a broad range of actions that create, modify, or terminate civil rights and obligations. The concept is central to Russian civil law and is defined in the Civil Code of the Russian Federation.

Key Characteristics:

• Intentional Act: A sdelka is a conscious and deliberate act by one or more parties.
• Legal Significance: It is aimed at producing legal consequences, specifically the creation, modification, or termination of civil rights and obligations.
• Form: Sdelka can be concluded in various forms, including written (simple or notarized), oral, or by performance of actions implying intent. The form requirements depend on the specific type of transaction and relevant legislation.
• Types: Sdelka can be unilateral (involving one party's expression of will, e.g., a will), bilateral (involving two parties, e.g., a sales agreement), or multilateral (involving more than two parties, e.g., a partnership agreement).
• Validity: For a sdelka to be valid, it must comply with certain legal requirements, including the legal capacity of the parties, the legality of the subject matter, and the voluntariness of consent. Non-compliance can lead to the sdelka being declared void or voidable.

Distinction from Other Legal Concepts:

While often translated as "contract," sdelka is a broader term than a contract (dogovor). A contract is a specific type of sdelka that involves an agreement between two or more parties. All contracts are sdelki, but not all sdelki are contracts. For example, a will is a sdelka but not a contract.

Legal Framework:

The legal basis for sdelki in Russia is primarily found in the Civil Code of the Russian Federation, particularly in Part 1, Section II, Chapter 9. This section outlines the general provisions concerning sdelki, including their forms, validity requirements, consequences of invalidity, and representation.

Practical Implications:

Understanding the concept of sdelka is crucial for anyone involved in legal or business transactions in Russia. It is a foundational element of civil law and governs a wide array of activities.