30. CONTENT OF THE AGREEMENT

The content of a civil law contract is the conditions under which an agreement is reached between the parties on the principles of contract law.

According to their legal significance, all conditions are divided into essential, ordinary and accidental.

Conditions are considered essential, which are mandatory and sufficient for concluding a contract. In order for a contract to be considered concluded, all its essential terms must be agreed upon. The contract will not be concluded as long as at least one of its essential conditions remains unagreed.

Significant legislation includes:

▪ conditions on the subject of the agreement;

▪ conditions directly named in regulatory legal acts as essential for the corresponding type of contract;

▪ conditions that are not directly named in regulatory legal acts as essential, but are necessary for the corresponding type of contract;

▪ all conditions regarding which, at the request of one of the parties, an agreement must be reached.

Unlike essential normal conditions do not require the consent of the parties. The transfer of the usual conditions to the contract is optional and does not matter, since the usual conditions are provided for in the relevant regulatory enactments and automatically enter into force at the time of the conclusion of the contract.

random conditions not specified in the law, these conditions modify or supplement the usual conditions. Such conditions indicate the case that the parties provide for in their legal relationship. But these are not conditions about any chance.

Random terms are included in the text of the contract at the discretion of the parties. Their absence, as well as the absence of the usual conditions, does not affect the validity of the contract. However, unlike the usual random conditions, they acquire legal force only if they are included in the text of the contract. In contrast to the essential ones, the absence of a random condition only entails the recognition of this agreement as not concluded if the interested party proves that it demanded the agreement of this condition. Otherwise, the contract is considered concluded without a random condition.

When resolving a dispute under a contract, one should be guided by those legal actsthat were in force at the time the contract was concluded, even if such acts subsequently became invalid or were amended.

If the disputed case is not regulated by regulatory legal acts or the contract, the business custom, i.e., an established and widely used rule of conduct in any area of ​​business that is not provided for by law, regardless of whether it is recorded in any document. The custom of business should not conflict with the terms of the agreement concluded between the parties (clause 5 of Article 421 of the Civil Code).

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