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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - transactio
Simple Definition of transactio
In Roman and Civil law, a *transactio* is a formal agreement or compromise made by parties to prevent or resolve a dispute, often involving reciprocal concessions. More generally, a transaction refers to any act of conducting business, forming a contract, or an exchange between two or more parties.
Definition of transactio
A transaction refers to an interaction or exchange between two or more parties. In its broadest sense, it encompasses any completed dealing, activity, or event involving multiple participants. More specifically, in a legal or business context, a transaction often involves an agreement, a transfer of goods, services, or money, or the resolution of a dispute, where each party typically gives up something to gain something else.
- Example 1: Everyday Business Exchange
Imagine a customer purchasing a new laptop from an electronics retailer. This is a transaction because it involves an exchange between two parties: the customer provides payment, and the retailer provides the product. Both parties complete their part of the agreement, fulfilling the terms of the sale.
- Example 2: Complex Corporate Agreement
Consider two large corporations agreeing to merge, combining their assets, liabilities, and operations into a single new entity. This complex process involves numerous legal documents, financial transfers, and regulatory approvals, all constituting a single, overarching transaction that fundamentally alters the structure and ownership of the businesses involved.
- Example 3: Dispute Resolution
Suppose two neighbors have a disagreement over a shared property line. Instead of going to court, they meet with a mediator and agree that one neighbor will move their fence back by a few feet, and in return, the other neighbor will drop their claim for damages. This mutual agreement to resolve a dispute through reciprocal concessions is a transaction, as it involves both parties giving up something to achieve a final settlement and avoid further conflict.