Civil law. A special part. Commitments from unilateral actions (most important)

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Civil law. A special part. Commitments from unilateral actions (most important)

Lecture notes, cheat sheets

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Topic 19. OBLIGATIONS FROM UNILATERAL ACTIONS

19.1. Obligations from a Public Reward Promise

In accordance with paragraph 1 of Art. 1055 of the Civil Code, a person who has publicly announced the payment of a monetary reward or the issuance of another reward to someone who performs a lawful action specified in the announcement within the time period specified in it, is obliged to pay the promised reward to anyone who performed the corresponding action, in particular, found the lost thing or informed the person who announced about the award, the necessary information. The obligation to pay the reward arises on the condition that the promise of the reward makes it possible to establish by whom it was promised (paragraph 2 of article 1055 of the Civil Code).

The promise of reward is made to any person who performs the contingent actions. However, persons who are not eligible for the award are:

▪ who, by their illegal behavior, created the preconditions for a public promise of a reward (those who stole a wanted item);

▪ who found such an item and violated the rules of the Civil Code regarding the discovery, i.e. those who did not report the find or concealed the found item;

▪ for whom the actions specified in the award announcement are an official duty.

The amount of remuneration may not be specified: in this case, it is established by agreement of the parties, and in the event of a dispute - by the court.

The validity period of a promise can be specified directly in the declaration. In other cases, the period is assumed to be reasonable, i.e. corresponding to the period of objective interest of the person who announced the award in the performance of the stipulated actions by the person who responded to this announcement.

The person who takes the action specified in the announcement is entitled to a reward, regardless of whether he knew about the promise of a reward at the time of the action.

The person responding to the advertisement may require written confirmation of the promise contained therein and bears the risk of the consequences of not presenting this demand if it turns out that the announcement of the reward was not made by the person named in it.

In cases where the action specified in the announcement was performed by several persons, the right to receive the reward is acquired by the one who performed this action first. If it is impossible to determine who committed the corresponding action first, and also if the action is committed by two or more persons at the same time, the reward between them is divided equally or in another amount provided for by the agreement between them (Article 1055 of the Civil Code).

According to Art. 1056 of the Civil Code, a person who has publicly announced the payment of an award has the right to refuse this promise in the same form, except when the announcement itself provides for or follows from it inadmissibility of refusal or a certain period is given for performing the action for which the award is promised, or by the time denial announcements, one or more responders have already performed the action specified in the announcement. Cancellation of the public promise of a reward does not relieve the one who announced the reward from reimbursement to the responding persons of the expenses incurred by them in connection with the performance of the conditional action, within the limits of the reward indicated in the announcement.

19.2. Commitments from public competition

In accordance with paragraph 1 of Art. 1057 of the Civil Code, a person who publicly announced the payment of a monetary reward or the issuance of another award for the best performance of work or the achievement of other results (public competition) must pay (give out) a conditional award to the one who, in accordance with the terms of the competition, is recognized as its winner.

A public competition should be aimed at achieving socially useful goals. The announcement of a public competition must necessarily contain the following conditions (clause 4 of article 1057 of the Civil Code):

1) the essence of the task;

2) criteria and procedure for evaluating results;

3) the place, terms and procedure for presenting the results;

4) the amount and form of remuneration;

5) the procedure and terms for announcing the results of the competition.

An invitation to the competition can be addressed to a different circle of people. Accordingly, competitions are divided into open, limited and closed.

An open competition implies an appeal by the organizer of the competition with a proposal to take part in it to everyone by announcing it in the media.

A closed competition implies sending such an offer to a certain circle of persons at the choice of the organizer of the competition.

A limited competition is a kind of open competition, but with the admission to participate in it only of persons who meet the requirements stipulated by the organizer (for example, children of a certain age, people of the same profession, etc.).

When holding an open tender, it is allowed to conduct a preliminary qualification of its participants for the preliminary selection of persons who wish to take part in it (paragraph 2, clause 3, article 1057 of the Civil Code).

In the conditions of the competition, its organizer may provide for the conclusion of an agreement with the winner on the use of the results of the competition. This condition is obligatory for the organizer of the competition, and he is not entitled to refuse to conclude the said agreement (clause 5 of article 1057 of the Civil Code).

The decision on the payment of the award must be made and communicated to the participants of the competition in the manner and within the time limits established in the announcement of the competition.

If the results indicated in the announcement are achieved in the work performed jointly by two or more persons, the reward is distributed in accordance with the agreement reached between them. If such an agreement is not reached, the procedure for distributing the award is determined by the court (Article 1059 of the Civil Code).

If the subject of a public competition is the creation of a work of science, literature or art, and the conditions of the competition do not provide otherwise, the person who announced the competition shall acquire the pre-emptive right to conclude an agreement with the author of the work awarded with an award on the use of the work with the payment of an appropriate remuneration to him (Art. 1060 GK).

The person who announced a public competition has the right to change its conditions or cancel the competition, but only during the first half of the period established for the submission of works. In this case, the corresponding notification must be made in the same way as the tender was announced. If these conditions are not met, the organizer of the competition must pay an award to those who have completed work that meets the conditions specified in the announcement.

In the event of a change in the conditions of the competition or its cancellation, the person who announced the competition must reimburse the costs incurred by any person who performed the work specified in the announcement before he became or should have become aware of the change in the conditions of the competition or its cancellation. The organizer of the competition is released from the obligation to reimburse expenses if he proves that the work was not performed in connection with the competition, in particular before the announcement of the competition, or knowingly did not comply with the conditions of the competition.

19.3. Obligations from games and betting

The game is a raffle of a prize fund, dependent on a combination of random circumstances, formed from the contributions of its participants themselves, who risk them by making these contributions as a payment for the right to take part in the game. A bet is a kind of game in which the occurrence of random winning circumstances is predicted by the bettors themselves, but in the sphere of questions asked by their organizer.

The current Russian legislation, as a general rule, does not link the emergence of civil rights and obligations with participation in games and bets, refusing to provide judicial protection for the claims of citizens and legal entities arising from it (Article 1062 of the Civil Code). Only in cases expressly provided for by the rules of Sec. 58 of the Civil Code, legal significance is attached to relations arising in connection with the organization and conduct of games and bets. In particular, it is possible to provide judicial protection for the claims of persons who have taken part in games or bets under the influence of deceit, violence, threats or malicious agreements between their representative and the organizer of games or bets.

Activities for organizing games are considered licensed. Except for the Russian Federation, constituent entities of the Russian Federation and municipalities, all other persons can act as organizers of games and wagers only on the basis of a license obtained from an authorized state or municipal body.

Relations between the organizers and participants of the games are based on an agreement (clause 1 of article 1063 of the Civil Code). At the same time, this transaction is risky only for the participant of the game, since the amount of the prize fund is always less than the amount of the players' contributions.

In cases stipulated by the rules for organizing games, an agreement between the organizer and the participant in the games is formalized by issuing a lottery ticket, receipt or other document.

The proposal of the organizer of games to conclude an agreement must contain conditions on the duration of the games and the procedure for determining the winnings and its amount (paragraph 1, clause 3, article 1063 of the Civil Code).

The law provides for the obligation of the organizer of games to pay winnings to persons who, in accordance with the conditions for holding a lottery, sweepstakes or other games, are recognized as winners, in the amount, form (in cash or in kind) provided for by the specified conditions, and if the period is not specified in these conditions, not later than 10 days from the date of determining the results of the games. If the organizer of the games fails to fulfill this obligation, the winning participant has the right to demand payment of the winnings, as well as compensation for losses caused by the violation of the contract by the organizer.

In the event that the organizer of the games refuses to hold them within the prescribed period, the participants in the games have the right to demand from their organizer compensation for the real damage incurred due to the cancellation of the games or the postponement of their period (Article 1063 of the Civil Code).

Author: Ivakin V.N.

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