Коммерческое право. Толкование договора. Оформление договора (самое важное)

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Коммерческое право. Толкование договора. Оформление договора (самое важное)

Lecture notes, cheat sheets

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32. INTERPRETATION OF THE CONTRACT. FORMULATION OF THE CONTRACT

There are cases when the content of the contract causes its ambiguous interpretation and gives rise to disputes between its participants. This is due to the fact that the text of the contract and its internal details are determined by the parties to the contract, who are often not experienced in the intricacies of civil law and do not fully own its terminology. In order to resolve these disputes, Art. 431 of the Civil Code formulates rules of treaty interpretation, according to which the court takes into account the literal meaning of the words and expressions contained in the contract. And in case of ambiguity of words and expressions, the contract is determined by comparing its terms with the meaning of the contract as a whole and establishing the actual will of the parties that occurs when concluding the contract. In this case, it is possible to study not only the contract itself, but also other accompanying circumstances: the legislator has in mind the negotiations and correspondence preceding the contract; the practice established in the mutual relations of the parties, business customs, subsequent behavior of the parties (Part 2 of Article 431 of the Civil Code).

According to Art. 432 GK the contract is considered concluded, if an agreement has been reached between the parties in the form required in appropriate cases on all the essential terms of the contract.

The contract (like any document) requires proper execution in order to avoid any kind of complications in its implementation, reduce the risk of its invalidation or the risk of its possible falsification. For this there is a number of rules that must be strictly observed:

a) an agreement, the text of which can fit on two pages, should be made with a turnover on one sheet;

b) if the contract has more than two pages, then each of them should be initialed (i.e., indicate the full name and signatures of the persons authorized to conclude it), all pages should be numbered, laced and sealed by both parties on the back of the last page;

at) documents confirming the powers of the representatives of the parties should be fastened together with the main text of the agreement;

d) any additions and (or) corrections made in the text should be specified, certifying these reservations with the signatures and seals of the parties (for example, gaps are left in the printed text to enter individual data and information, respectively, all this requires certification from both parties in each case in order to exclude inconsistent additions made by someone unilaterally);

d) regarding those changes and additions that will be made in the process of executing the contract, a reservation should be made when they are drawn up.

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