55. CONTENT AND FORM OF THE CONTRACT

Currently, the concept of "content of the contract" has two interpretations: traditional and non-traditional.

The content of the contract in the traditional interpretation - a set of its conditions on which an agreement has been reached between the parties.

The conditions include: subject, object, price of the contract, time and place, liability for non-performance or improper performance of the contract.

The conditions may be determined by the parties, the law or the customs of business.

Types of contract terms:

▪ essential - conditions on which the parties need to reach an agreement (otherwise the contract will be considered invalid);

▪ ordinary, not requiring the consent of the parties;

▪ random - conditions that are not typical for a contract of this type.

Essential conditions:

▪ conditions on the subject of the contract (the subject of the contract is what the contract is aimed at. For example, in a sales contract, the subject of the contract will be the thing being sold);

▪ conditions specified in the law;

▪ conditions on which an agreement must be reached between the parties at the request of one of them.

Each type of contract has its own combination of essential conditions. For example, in a work contract, such conditions include: the subject, the price of the contract and the deadline for delivery of the subject of the contract.

Unconventionally interpreted the concept of "content of the contract" in the textbook "Civil Law", parts one and two, edited by Yu.K. Tolstoy and A.P. Sergeev. This concept denotes the totality of mutual rights and obligations of the parties in the contract. This brings the terminology used in relation to the contract into line with the terminology used in relation to obligations.

Contract form:

▪ an agreement can be concluded in any form established for transactions, unless the law has established a specific form for this type of agreement;

▪ if the parties agreed to conclude an agreement in a certain form, compliance with such form is mandatory;

▪ a written agreement can be concluded by drawing up one document, as well as by exchanging documents;

▪ the written form of the contract is considered to be complied with if, in response to a written offer to conclude a contract by the offeror, the acceptor performed the actions provided for by the contract;

▪ the transfer of property stipulated by the agreement must be executed in compliance with the same form as the agreement;

▪ contracts can be recorded on standard forms in order to reduce the time for their execution;

▪ some contracts concluded in written or notarial form are subject to mandatory state registration (for example, real estate sales transactions).

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