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
90. CHECK SETTLEMENTS
A check is a security containing an unconditional order drawer of a check (debtor) bank make payment of the amount specified in it check holder (creditor).
Required check details, the absence of which deprives it of its validity: the name “check”; an order to pay a certain amount of money; name of the payer and indication of the account, with cat. payment must be made; payment currency; date and place of drawing up of the check; drawer's signature.
Form check and the procedure for filling it out are determined by law and banking rules established in accordance with it.
The check could be nominal, order и bearer. A check is characterized by abstractness, public authenticity and unconditionality of payment. The check is paid at the expense of the drawer.
The personal check is not transferable. In a transferable endorsement to the payer has the force of a receipt for payment. An endorsement made by the payer is invalid. A person who is in possession of a transferable check received by endorsement is considered to be its legal owner if he bases his right on an uninterrupted series of endorsements.
Payment on a check may be guaranteed in whole or in part by avalya, cat. may be given by any person other than the payer. The aval is placed on the front side of the check or on an additional sheet by writing “considered as aval” and indicating by whom and for whom it was given. If it is not indicated for whom it was given, then it is considered that the aval was given for the drawer of the check.
The avalist is responsible in the same way as the one for whom he gave the aval. His obligation is valid even if it should be invalid for any reason other than failure to comply with the form. The avalist who paid the check acquires the rights arising from the check against the one for whom he gave the guarantee, and against those who are indebted to the latter.
Period check payment - 10 days, not counting the day of its issuance.
No, thanks from payment of the check must be certified: by a notary making a protest or drawing up an equivalent act in the manner prescribed by law; the payer's mark on the check on the refusal to pay it, indicating the date of submission of the check for payment; a mark of the collecting bank indicating the date that the check was promptly issued and not paid.
The holder of a check is obliged to notify his endorser and the drawer of non-payment within two business days following the date of the protest or an equivalent act. Each endorser must, within two working days following the day of receipt of the notice by him, bring to the attention of his endorser the notice received by him. At the same time, a notice is sent to the one who gave the aval for this person.
Each person liable for a check (drawer, endorsers, avalist) is responsible for the payer's refusal to pay jointly and severally.
The holder of a check has the right to demand from obligated persons: payment of the amount of the check; reimbursement of expenses for receiving payment (making a protest); interest for non-fulfillment of a monetary obligation under Art. 395 GK.
Statute of limitations for a check obligation - 6 months from the date of expiry of the term for presenting a check for payment.
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