Table of contents (expand)
- The concept, types, characteristics and meaning of the contract of sale. Rights and obligations of the parties
- Elements of a sales contract
- Responsibility of the parties under the contract of sale
- The concept, types, characteristics of the contract of retail sale. Legislation
- Elements of a retail sale contract
- Rights and obligations of the parties under a retail purchase and sale agreement. Responsibility of the parties
- Concept, characteristics, elements of the supply contract
- Conclusion and termination of the supply contract
- Rights and obligations of the parties under the supply agreement
- The concept, elements and features of the contract for the supply of goods for state or municipal needs
- Responsibility of the parties under the contract for the supply of goods for state or municipal needs. Contents of the contract
- The concept, types, characteristics of the contracting agreement, features of legal regulation. Difference from the supply contract
- Elements and content of the contracting agreement. Responsibility of the parties
- The concept, types, characteristics and content of the energy supply contract
- Elements of an energy supply contract
- Features of the conclusion and termination of the contract for energy supply. Liability of the parties under the contract
- Concept, characteristics, elements of a contract for the sale of real estate
- Parties to a real estate sale agreement, their obligations
- Real estate sale contract form
- Residential sale agreement. The concept of a contract for the sale of an enterprise
- Elements and content of an enterprise sale agreement
- The concept and characteristics of the contract of exchange. Responsibility of the parties
- Elements and content of an exchange agreement
- The concept, characteristics and subject of the donation agreement
- Parties to the donation agreement
- Rights and obligations of the parties under the donation agreement
- The form of the donation agreement, the procedure for its conclusion. Responsibility of the parties
- The concept, characteristics and features of the annuity agreement. Liability under the contract
- Elements of a lease agreement. Rights and obligations of the parties
- Features and elements of a permanent rent agreement
- The content of the contract of permanent rent
- Life annuity contract
- Lifetime maintenance contract with dependents
- The concept and characteristics of the lease agreement. Liability of the parties and termination of the contract
- Elements of a lease agreement
- Parties to the lease. Rights and obligations of the parties
- Features of the vehicle lease agreement
- Features of the enterprise lease agreement
- Features of a financial lease (leasing) agreement
- Concept, characteristics, legal regulation, elements of a loan agreement. Liability under the contract
- Rights and obligations of the parties under the loan agreement. Termination of the contract
- The concept, characteristics and elements of a tenancy agreement
- Social tenancy agreement
- The powers of the parties to the contract of social rental of residential premises, which differ from the powers of the parties to the contract of commercial rental of residential premises
- commercial lease agreement
- Rights and obligations of the parties to the contract
- Household contract
- Construction contract
- Contract for the performance of design and survey work
- Contract for the performance of work for state or municipal needs
- The concept, types, regulation of the contract for the provision of services
- Elements and content of the contract for the provision of services
- Transport contracts
- Contract of carriage of goods
- The concept, characteristics and elements of the contract for the carriage of passengers and baggage. Liability under the contract
- Rights and obligations of the parties under the contract for the carriage of passengers and baggage and under the contract of transport expedition
- The concept, characteristics and elements of the contract of transport expedition. Liability under the contract
- Towing contract
- The concept, types and legal regulation of the storage agreement
- Elements of a storage agreement
- Rights and obligations of the parties under the storage agreement
- Responsibility of the parties under the storage agreement
- The concept, characteristics and elements of the contract of agency. Features of a commercial order
- Rights and obligations of the parties under the contract of assignment. Termination of the contract
- Concept, characteristics, elements of the contract of commission. Termination of the contract
- Rights and obligations of the parties under the commission agreement
- The concept, characteristics and elements of an agency agreement
- The content of the agency agreement
- The concept and characteristics of the contract of trust management of property. Parties to the agreement
- Elements of the contract of trust management of property. Grounds for termination of the contract
- Contents of the property trust management agreement
- The concept and characteristics of the insurance contract. Parties to the agreement
- Basic concepts of insurance law. Elements of an insurance contract
- Rights of the parties under the insurance contract
- Obligations of the parties under the insurance contract
- Types of insurance
- Forms of insurance
- Concept, characteristics, elements and types of loan agreement
- Rights and obligations of the parties under the loan agreement
- Loan Agreement
- The concept, characteristics and elements of a financing agreement against the assignment of a monetary claim (factoring). Responsibility of the parties
- Rights and obligations of the parties under a financing agreement against the assignment of a monetary claim (factoring)
- The concept, characteristics and elements of a bank deposit agreement
- Rights and obligations of the parties under the bank deposit (deposit) agreement
- The concept, characteristics and elements of a bank account agreement
- Types of accounts under a bank account agreement. Liability of the parties and termination of the contract
- Rights and obligations of the parties under the bank account agreement
- Settlement obligations. Forms of non-cash payments. Settlements by payment order
- Settlements under a letter of credit
- Payments by checks
- Settlements for collection
- The concept, characteristics, elements and types of a simple partnership agreement
- The content of the simple partnership agreement
- Termination of a simple partnership agreement
- Acting in someone else's interest without a mandate
- Rights and obligations of the parties when acting in someone else's interest without instructions
- Public promise of reward
- public competition
- Games and betting
- General provisions on tort obligations (due to harm)
- General provisions of the rules on liability for tort obligations
- Features of liability of legal entities for tort liabilities
- Responsibility for tort obligations of minors, persons with limited legal capacity and legally incompetent
- Peculiarities of responsibility of persons possessing a source of increased danger in case of harm
- Features of compensation for harm caused to the life or health of a citizen, and harm caused by defects in goods, works or services
- General provisions on obligations arising from unjust enrichment
- Grounds for the emergence of obligations from unjust enrichment
- The powers of the parties to the obligation from unjust enrichment
- Liability of the parties to the obligation from unjust enrichment
- The concept, characteristics and elements of contracts for the implementation of research (R&D), experimental design (R&D) and technological work
- The content of the contract for the implementation of research (R&D), experimental design (R&D) and technological work
- The concept and content of know-how (a license agreement on granting the right to use a production secret)
- License agreement
- The concept, characteristics and elements of a commercial concession (franchising) agreement
- Rights of the right holder under a commercial concession agreement
- Obligations of the user under a commercial concession agreement
- Varieties of commercial concession (franchising). Subconcession. Restrictions on the rights of the parties under the contract
- Liability under a commercial concession agreement. Modification and termination of the contract
26. RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER A GIFT AGREEMENT
Responsibilities of the donor:
1) transfer the gift (this obligation passes to the assignees of the donor in consensual contracts containing a promise to donate the thing, but does not apply to donation contracts;
2) inform the donee about the shortcomings of the thing given to him;
3) determine the purpose of using the gift to the beneficiary in the donation agreement;
4) bear the costs associated with the transfer of the gift.
Donor's rights:
1) refuse to perform the contract in the following cases:
a) if, after the conclusion of the consensual agreement, the donor’s property or marital status or health status has changed, as a result of which the execution of the agreement will significantly reduce the donor’s standard of living, b) if, after the conclusion of the consensual agreement, the donee has made an attempt on the life of the donor or a member of his family;
2) cancel the contract in the following cases:
a) intentional deprivation of the life of the donor by the donee (the decision must be made by the court at the request of the heirs);
b) the recipient’s handling of the donated item, which is of great non-property value for the donor, creates a threat of its loss; c) if the donation was made by an individual. entrepreneur or legal person at the expense of funds associated with the enterprise. activities during the 6 months preceding the declaration of the donor as bankrupt; d) if the donee died before the donor and the condition for canceling the contract was stipulated in it; e) if the beneficiary used the gift not in accordance with the purpose specified by the donor. The rules on refusal and cancellation of gifts do not apply to ordinary gifts of small value;
3) stipulate in the contract the conditions, under the cat. his property will be transferred and he can demand its return (conditions can be suspensive and resolutive);
4) define in the donation agreement the purpose, purpose of the use of the gift.
The donor does not have the right to demand counter satisfaction from the donee, since the contract is free of charge.
Rights of the donee:
1) receive a gift;
2) refuse to accept the gift;
3) change the purpose of the use of the gift in the donation agreement in case of changed circumstances with the consent of the donor, and in the event of his death or liquidation of the legal entity - the donor by a court decision.
Responsibilities of the donee:
1) use the gift in accordance with the instructions of the donor on its purpose;
2) fulfill obligations in relation to museum items received as a gift (Article 25 of the Federal Law "On the Museum Fund of the Russian Federation and Museums of the Russian Federation");
3) keep a separate record of operations on the use of donated property, if the beneficiary is a legal entity;
4) properly treat the thing presented to him, which is of great non-property value for the donor;
5) return the donated thing in case of cancellation of the donation, if it has been preserved in kind, and leave all the things (income, products) received as a result of use, since they are the property of the donee.
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