Contract law. Parties to the contract (most important)

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Contract law. Parties to the contract (most important)

Lecture notes, cheat sheets

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11. PARTIES TO THE CONTRACT

The possibility of using the contract as a form of relationship in civil circulation is given to each participant in civil circulation: a citizen, a legal entity, the Russian Federation and the constituent entities of the Federation, as well as municipalities. In principle, the same regime is created for all the listed subjects. This finds a direct expression enshrined in paragraph 1 of Art. 1 of the Civil Code of the Russian Federation, the main principles and among them are such as equality of participants in relations, freedom of contracts, etc.

At the same time, for various reasons, the legislator in a number of norms either limits the possibility of using one or another contractual model, or, opening up such an opportunity, establishes certain exceptions to the general norms, taking into account who exactly acts as counterparties.

The parties to the contract are those or other participants in civil circulation, endowed with certain rights and obligations.

The following situations of determining the legal status of a party in a contract are possible:

1) on one side is an eligible participant who has the right to demand from the other party the performance of a certain obligation (creditor), and on the other side - the obligated party (debtor);

2) on one side - both an eligible and obligated participant, on the other - only an obligated one;

3) on one side - both the eligible and obligated participant, on the other - only the eligible;

4) on both sides, both eligible and obligated participants.

The participation of a particular subject of legal relations on one or another side of the contract is determined by the type of contract. In some cases, a citizen cannot act on the side of the contract (under a household contract on the side of the contractor - without the corresponding granting of the status of an entrepreneur); legal entity (under a donation agreement between commercial organizations, if the amount of the gift exceeds 5 minimum wages). In certain cases, only one or another participant in civil circulation (a state or municipal customer represented by state or municipal bodies - under a supply contract for state or municipal needs) can act as a party to the contract.

There may be more than one participant on one side or the other. There are the following types of multiplicity of participants of the parties:

1) active - plurality on the side of the creditor;

2) passive - plurality on the side of the debtor;

3) mixed - the plurality of participants on both sides of the contract.

The parties to the contract can change, leaving the contract itself and the obligations included in its content unchanged (transfer of rights (claims) and transfer of debt).

Author: Rezepova V.E.

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