Civil law. Parts I, III and IV. The concept and meaning of the contract (the most important)

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Civil law. Parts I, III and IV. The concept and meaning of the contract (the most important)

Lecture notes, cheat sheets

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54. CONCEPT AND SIGNIFICANCE OF THE CONTRACT

A contract is an agreement between two or more persons on the establishment, change or termination of civil rights and obligations.

The contract is legal fact, which is a transaction involving two or more parties. The concept of a transaction is broader than the concept of a contract, since a transaction can be one-sided. Contract - the most common in civil transactions deal. All rules regarding transactions, obligations and contracts apply to him simultaneously. Thus, from the rules on transactions, contracts are subject to rules on the forms of transactions, on the conditions of validity and invalidity of transactions, on the consequences of recognizing transactions as invalid. From the rules on obligations, contracts are subject to provisions on the structure of the obligatory legal relationship, rules on security, execution, termination of obligations, rules of liability for the fulfillment of obligations. At the same time, there are rules relating only to contracts: rules for concluding contracts, rules for amending and terminating contracts, provisions on the content and classification of contracts.

Most of the contracts give rise to consequences of a property nature (for example, a contract of sale, donation). But some of them give rise to obligations of a non-property nature (for example, constituent agreements on the creation of partnerships, organizational agreements on transportation, preliminary agreements for the conclusion of contracts in the future on the terms of this agreement).

The term "contract" is used in other senses: for the name of a contractual obligation legal relationship, for the name of a document indicating that the parties have reached an agreement.

The contract is used not only in the sphere of civil circulation, but also in labor relations, economics, politics, international relations, the social sphere, and the sphere of culture.

The meaning of a civil law contract:

▪ an agreement is a unique means of ensuring order and stability in economic turnover (the possibility of concluding an agreement creates confidence among subjects of civil legal relations that their interests can be realized, implemented and protected, and any changes that arise can be taken into account during its execution);

▪ this is a form of respecting the interests of subjects of civil legal relations and the main form of entrepreneurial activity, ensuring the sale of products and the exchange of material goods in entrepreneurial activity;

▪ studying contractual practice allows us to quickly identify trends and promptly respond to emerging needs for certain goods and services in order to successfully satisfy them.

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