Contract law. Types of contracts (the most important)

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Contract law. Types of contracts (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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12. TYPES OF CONTRACTS

Types of contracts:

1) agreements (transactions) and contractual obligations;

2) consensual - give rise to civil rights and obligations from the moment their parties reach an agreement, real - it is still necessary to transfer a thing or perform another action;

3) compensated (exchange and risky) - the obligation of one party to perform certain actions corresponds to the counter obligation of the other party to provide material or other benefits; gratuitous - there is no obligation to provide counter satisfaction by the other party;

4) causal - from a causal transaction it is clear what legal goal it pursues; abstract - abstract transactions are, as it were, torn off from their foundation (from Latin abstrahere - to tear off, separate). The abstractness of the transaction means that its validity does not depend on the basis - the purpose of the transaction;

5) fiduciary - an agreement by virtue of which the property is actually transferred to the creditor as security for the debt (pledge in a pawnshop);

6) unilaterally binding - one of the parties has only rights, while the other has only obligations, and mutual - each of the parties has both rights and obligations;

7) contracts for the alienation of property, for its transfer for use, for the performance of work and for the provision of services;

8) unilateral - for a unilateral transaction it is enough that one party expresses its will, bilateral - the will of two parties is required and multilateral - the will of more than two parties is required;

9) property and organizational. Property contracts include all contracts that directly formalize the acts of exchange of their participants and are aimed at the transfer or receipt of property (material and other benefits). Organizational contracts are aimed not at the exchange of goods, but at its organization, i.e., at establishing the relationships between the participants in the future exchange of goods;

10) public contract. A contract is recognized as public, which is subject to conclusion by a commercial organization or an individual entrepreneur, by virtue of the nature of their activities, with anyone who applies for the goods alienated by them, works performed or services rendered. Entrepreneur as a party to a public contract:

a) is obliged to conclude it with any person who applied to him for this purpose;

b) has no right to give preference to anyone.

Accession agreement - an agreement, the terms of which are determined by only one of the parties, and in such a way (in a form, standard form or other standard form) that the other party is deprived of the opportunity to participate in their formation and can only accept them by joining the agreement as a whole.

Author: Rezepova V.E.

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