Civil law. A common part. The procedure for concluding, amending and terminating a contract (the most important)

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Civil law. A common part. The procedure for concluding, amending and terminating a contract (the most important)

Lecture notes, cheat sheets

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35. PROCEDURE FOR CONCLUSION, AMENDMENT AND TERMINATION OF THE AGREEMENT

The contract is concluded upon reaching an agreement between the parties on all essential terms of the contract. The conclusion of an agreement occurs by sending an offer (proposal to conclude an agreement) for the conclusion of an agreement by one of the parties and its acceptance (consent to the conclusion of an agreement) by the other party. The party making the offer to conclude a contract - offeror; the party accepting the offer, - acceptor.

The contract can be concluded on the initiative and the free will of the parties or without fail. When concluding an agreement, the parties to the agreement are required to comply with the terms of the agreement established by law.

The moment of conclusion of the contract is the moment when the person who sent the offer receives its acceptance. In the case when the transfer of property is required for the conclusion of the contract, the contract is considered concluded from the moment the required property is transferred. If state registration of the contract is required, it will be considered concluded from the moment of its registration. The contract can be concluded by holding an auction with the person who won the auction.

Requirements for the offer:

1) is sent to one or more specific persons;

2) must contain all the essential terms of the contract;

3) must be sufficiently definite and clearly express the intention of the person to conclude the contract;

4) from the moment of receipt is irrevocable.

Acceptance - the response of the person to whom the offer was sent, about its acceptance. The acceptance must be complete and unconditional. Silence is not an acceptance, unless otherwise follows from the law, customary business practice or previous business relations of the parties.

When changing and terminating the contract, as well as when concluding it, certain rules must be observed: it is carried out in the same form as the contract itself. If the request to amend or terminate the contract comes from one party, then the interested party must send a proposal to the other party to amend or terminate the contract. The party that received the proposal to amend or terminate the contract must, within the time period specified in the proposal or the law (and in the absence of a deadline, within thirty days), send a response to the party that made the proposal on the consent or disagreement of the amendment or termination of the contract or on the consent of the amendment or termination contract, but on different terms.

Change or termination of the contract only possible by mutual agreement sides. At the request of one of the parties the contract can be terminated by the court in the following cases:

1) if there are significant violations of the contract by the other party (the injured party to the contract has the right to demand from the violating party compensation for losses caused by the change or termination of the contract);

2) a significant change in the circumstances from which the parties proceeded when concluding the contract;

3) in other cases provided for by law or the contract.

Claim procedure for resolving the issue of changing or terminating the contract consists in the possibility of the interested party, before applying to the court, to send to the other party their proposals for changing or terminating the contract. In case of disagreement of the latter, the case is decided by the court.

Author: Stepanova O.N.

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