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Civil law. Part II. Public promise of reward (most important)

Lecture notes, cheat sheets

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97. PUBLIC PROMISE OF REWARD

Public promise of reward - a public promise of monetary reward for performing a lawful action specified in the announcement, obliging the person who announced the reward to pay the promised reward to any person who committed the corresponding lawful action (clause 1 of Article 1005 of the Civil Code).

By the parties relations arising from the public promise of a reward can be any natural or legal person.

Form announcement of a public promise of a reward can be any.

The public promise of the reward is unilateral deal and puts the one who promised the reward in the position of a debtor, and anyone who responds to this promise - in the position of a creditor.

Duty to pay the reward to the debtor arises on the condition that the promise of the reward makes it possible to establish by whom it was promised (clause 2 of article 1055 of the Civil Code), and regardless of whether the corresponding action was performed in connection with the announcement made or independently of it (clause 4 of article 1055 of the Civil Code) XNUMX GK).

The person who responded to the promise (creditor), right require a written confirmation of the promise and bears the risk of the consequences of not presenting this demand, if it turns out that in reality the announcement of the reward was not made by the person indicated in it (paragraph 2 of article 1055 of the Civil Code).

If the amount of the reward is not indicated in the public promise, it is determined by agreement with the person who promised the reward, and in the event of a dispute - by the court (clause 3 of article 1055 of the Civil Code).

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 the action first.

If the action specified in the announcement is committed by two or more persons and it is impossible to determine which of them performed the corresponding action first, as well as if the action is committed by two or more persons at the same time, the reward is divided between them equally or as otherwise provided by the agreement between them. size (clause 5 of article 1055 of the Civil Code).

Compliance of the performed action with the requirements contained in the announcement is determined by the person who publicly promised the reward, and in the event of a dispute - by the court (clause 6 of article 1055 of the Civil Code).

A person who has publicly announced the payment of an award has the right to cancel this public promise. In this case, the refusal must be expressed in the same form in which the promise of the reward was made.

Grounds, if any of which this promise cannot be waived. (Article 1056 of the Civil Code):

▪ the advertisement provides for or implies the inadmissibility of refusal:

▪ the announcement indicates the period for performing the action for which the reward is established;

▪ the action specified in the announcement was performed by some person by the time the refusal was announced. The cancellation of a public promise of a reward does not exempt the person who announced the reward from reimbursing the responding persons for the expenses incurred by them in connection with the commission of the action specified in the announcement, within the limits of the reward specified in the announcement (clause 2 of Article 1056 of the Civil Code).

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