Contract law. Form of the agreement and state registration of the agreement (the most important)

Lecture notes, cheat sheets
Free library / Directory / Lecture notes, cheat sheets

Contract law. Form of the agreement and state registration of the agreement (the most important)

Lecture notes, cheat sheets

Table of contents (expand)

10. FORM OF THE CONTRACT AND STATE REGISTRATION OF THE CONTRACT

The legal regulation of the form of the contract is carried out in the norms devoted to general provisions on transactions (Chapter 9 of the Civil Code of the Russian Federation), provisions on the rules for concluding a contract (Chapter 28 of the Civil Code of the Russian Federation), as well as regulating certain types of contracts.

The form of the contract is a way of expressing the inner will outside, a way of expressing the will and fixing the rights, duties and responsibilities of the parties to the contract. Failure to comply with a certain form of the contract does not give rise to the rights and obligations of the parties, up to the recognition of the contract as invalid.

The will to conclude a transaction can be expressed in three ways (Article 158 of the Civil Code of the Russian Federation):

a) direct expression of will, which may be oral or written (simple or notarial);

b) implicit expression of will, i.e. such behavior of a person from which his will to make a transaction is clear (for example, buying a carbonated drink through a special machine);

c) expression of will through silence, which is recognized as an expression of will to conclude a transaction in cases provided for by law or by agreement of the parties.

The parties are granted the right to conclude an agreement in any form provided for transactions, if a certain form is not provided for by law for this type of agreement (clause 1, article 434 of the Civil Code of the Russian Federation).

All contracts may be concluded orally, except as otherwise provided by law. Such cases include:

1) limiting the conclusion of an agreement orally on the basis of its subject composition (it is unacceptable to conclude an agreement orally between legal entities, between a legal entity and citizens);

2) the size of the transaction exceeds the limit established by law, expressed in relation to the minimum wage.

The written form of the contract involves the preparation of a single document (in two or more copies), which indicates all its conditions, the necessary details and signatures of the parties. In cases specified by law, a written contract is subject to notarization, without which the contract is considered not concluded.

State registration of an agreement is an additional act of recognition and confirmation by the state of a civil law transaction. Mandatory state registration is subject to transactions with immovable property - in all cases, and transactions with movable property - only in relation to property of a certain type. State registration of an agreement where the subject is real estate occurs by making an entry in the Unified State Register of rights to real estate and transactions with it.

Author: Rezepova V.E.

<< Back: Terms of an agreement

>> Forward: Parties to the contract

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ Crisis management. Crib

▪ Advertising. Crib

▪ State and municipal administration. Crib

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

The existence of an entropy rule for quantum entanglement has been proven 09.05.2024

Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>

Mini air conditioner Sony Reon Pocket 5 09.05.2024

Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive

Compact 64W 1-bit ARM chip from NXP 23.02.2016

NXP Semiconductors introduced the QorIQ LS1012A processor, which it called the most compact and economical chip based on the 64-bit ARM architecture. The novelty is aimed at a new class of products that require very high network performance with low power consumption.

According to the developers, QorIQ LS1012A is ideal for next generation IoT gateways, portable entertainment platforms, mobile storage for cameras, tablets and other compact devices. Also, the novelty is the first network processor, the dimensions of which allow it to be integrated directly into the hard disk controller board. This will create a so-called Ethernet drive that will have the same form factor as a typical HDD.

One chip houses two 2,5 Gb / s Ethernet controllers, PCI Express, SATA III, USB 3.0 interfaces. According to NXP, this is the only 64-bit processor on the market that consumes only 1W and packs such a rich set of peripherals and features into a single SoC device.

Other interesting news:

▪ HD-DVD format approved

▪ Quantum engine running without heat

▪ Cold computer memory

▪ The first supermolecule made of artificial atoms

▪ Audiophile player Walkman NW-A105

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the site Instructions for use. Article selection

▪ article Serve for a goat in a stable. Popular expression

▪ article Which company constantly keeps several empty planes in the air and why? Detailed answer

▪ Skeleton Coast article. Nature miracle

▪ article Designs on transistors of different structures. Encyclopedia of radio electronics and electrical engineering

▪ article Creeping coin. Focus secret

Leave your comment on this article:

All languages of this page

Home page | Library | Articles | Website map | Site Reviews