Contract law. The concept of a contract (the most important)

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Contract law. The concept of a contract (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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1. THE CONCEPT OF THE CONTRACT

The term "contract" is used in several meanings:

firstly, as the basis for the emergence of a legal relationship (legal fact);
secondly, as a legal relationship arising from this basis (obligation);
thirdly, as a document (a form of agreement).

General provisions on the contract are contained in subsection 2 of section 3 of the Civil Code of the Russian Federation. The concept of a contract is given in Art. 420 of the Civil Code of the Russian Federation. An agreement is an agreement between two or more persons on the establishment, change or termination of civil rights and obligations. The contract as a legal fact serves as the basis for the emergence of the contract as a legal relationship or a contractual legal relationship. The contract as a legal fact and as a legal relationship are independent aspects of the contract, different sides in its development.

Contracts refer to that variety of legal facts, which is called transactions, which means that they are actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations (Article 153 of the Civil Code of the Russian Federation). Unlike a transaction, a contract is always an agreed expression of the will of two or more parties, aimed at generating civil law consequences. The agreement requires the agreement of the will of the parties on all issues of significant importance to them.

The regulatory role of the contract brings it closer to the law and regulations. The terms of the contract differ from the legal norm in two fundamental features:

1) the contract expresses the will of the parties, and the legal act - the will of the body that issued it;

2) the contract is directly designed to regulate the behavior of only its parties - for those who are not parties, it can create rights, but not obligations; at the same time, a legal or other normative act generates, in principle, a rule common to all and everyone (any restriction on the circle of persons to whom a normative act applies is determined by it).

Public contracts have some special features. In a public contract, the will of one of the parties is not always expressed, but on the contrary, the law establishes in this case the obligation to conclude a contract.

The content of the contract as a legal fact (the basis for the emergence of an obligation) is a set of conditions on which it is concluded. The content of the contract as a binding legal relationship is the rights and obligations of the parties.

In accordance with paragraph 4 of Art. 421 of the Civil Code of the Russian Federation, the content of the contract is determined at the discretion of the parties, except when the content of the relevant condition is prescribed by law or other legal act.

Author: Rezepova V.E.

>> Forward: Contracts in civil law and other branches of law

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