Коммерческое право. Виды гражданско-правовых договоров, применяемых в коммерческой деятельности (самое важное)

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Коммерческое право. Виды гражданско-правовых договоров, применяемых в коммерческой деятельности (самое важное)

Lecture notes, cheat sheets

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35. TYPES OF CIVIL LEGAL CONTRACTS USED IN COMMERCIAL ACTIVITIES

1. Depending on the relationship between the rights and obligations of the parties to the obligation, agreements can be divided into: bilateral и multilateral.

2. Depending on the order of conclusion and the moment of occurrence, the rights and obligations of the parties to the obligation differ consensual, real и formal contracts.

consensual is a contract for the conclusion of which only the agreement of the parties is sufficient.

real for the conclusion - in addition to the agreement of the parties, the actual transfer of property that is the subject of the contract is necessary.

Formal - for the conclusion, it is required to draw up an agreement in the form prescribed by law: written or notarial.

3. Article 423 of the Civil Code provides for the division of all contracts into two categories depending on the property representation. - paid and gratuitous contracts.

4. A special place in civil law relations is occupied by an agreement based on the trusting relationship of the parties to each other - fiduciary.

5. Depending on how obvious the grounds for the emergence of the contract itself are, the contract may be causal or abstract.

6. Depending on how much the size, proportion and subject of the counter-obligation are known in advance, when concluding the contract, the contract may be commutative or aleatory.

7. Depending on the nature of the legal consequences generated by the contract, it is necessary to distinguish between such contracts as final and preliminary (Article 429 of the Civil Code).

8. Agreement concluded in favor of its participants, means that the right to demand execution of the contract belongs only to its participants.

9. Contract in favor of a third party a contract is recognized in which the parties have established that the debtor is obliged to perform performance not to the creditor, but to a third party specified or not specified in the contract, who has the right to demand from the debtor the performance of the obligation in his favor, unless otherwise provided by law, the contract and does not follow from the essence of the obligation (Article 430 of the Civil Code).

10. Some contracts are concluded through conclusive actions - actions of a person expressing his will to establish a legal relationship (for example, to make a deal, conclude an agreement), but not in the form of an oral or written expression of will, but by behavior that can be used to draw a conclusion about such an intention.

11. Public agreement a contract is recognized concluded by a commercial organization and establishing its obligations to sell goods, perform work or provide services that such an organization, by the nature of its activities, must carry out in relation to everyone who applies to it (retail trade, communication services, etc.) .

12. An interesting way of concluding a contract is provided for in Art. 428 GK for accession agreement, in which the content of the agreement reached by the parties is formed by the will of the party that proposed this agreement.

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