Civil law. A common part. Agreement: concept, content, types (the most important)

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Civil law. A common part. Agreement: concept, content, types (the most important)

Lecture notes, cheat sheets

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34. CONTRACT: CONCEPT, CONTENT, TYPES

Contract - an agreement of two or more persons on the establishment, change or termination of civil rights and obligations. Contract - the most common type of transactions. AT content of the contract includes the rights and obligations of the parties to the contract, the conditions under which the contract enters into force or loses it, etc.

The concept of contract is used in three meanings, contract as:

1) a legal fact, i.e. the basis for the emergence, change or termination of a civil legal relationship;

2) agreement of the parties, providing for the rights, obligations and procedure for their implementation;

3) a document containing a specific message. The content of the contract is its conditions, which are divided into essential, ordinary and accidental.

Essential terms of the contract are the conditions:

1) on the subject matter of the contract;

2) the conditions provided for in the law as essential;

3) conditions required for this type of contracts;

4) the conditions in respect of which, at the request of one of the parties, an agreement must be reached.

Normal conditions - conditions stipulated by law and entering into force automatically, regardless of their indication in the contract.

random conditions supplement or change the usual conditions. Such conditions are included in the text of the contract at the discretion of the parties, but their absence does not affect the validity of the contract.

All contracts can be classified to:

1) unilateral (for one party, the contract gives rise to rights, for the other - obligations) and bilateral (at the conclusion of the contract, each party acquires both rights and obligations);

2) compensated (the property representation of one party is due to the counter property representation of the other party) and gratuitous (the property representation is made by only one party);

3) real (for example, purchase and sale) and consensual (the contract is considered concluded from the moment the parties reach agreement on all essential terms of the contract);

4) an agreement in the interests of the parties and an agreement in the interests of a third party;

5) main agreement and preliminary agreement.

Primary - an agreement that directly gives rise to the rights and obligations of the parties related to the movement of material goods, the transfer of property, the performance of work, the provision of services.

Preliminary - an agreement to conclude a contract in the future. The preliminary contract is concluded in the same form as the main contract, contains the essential terms of the contract, as well as the period in which the main contract must be concluded. If the term for the conclusion of the main contract is not specified, then such an agreement must be concluded within a year from the date of conclusion of the preliminary contract. The parties that have entered into a preliminary agreement are obliged to conclude the main agreement.

Public contract - an agreement concluded by a commercial organization and establishing its obligations for the sale of goods, performance of work or provision of services, which it, by the nature of its activities, must carry out in relation to everyone who applies to it (for example, a retail sale contract). The organization does not have the right to give preference to anyone or refuse to conclude a contract if it is possible to provide the required service or product.

Author: Stepanova O.N.

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