Contract law. Contracts in civil law and other branches of law (the most important)

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Contract law. Contracts in civil law and other branches of law (the most important)

Lecture notes, cheat sheets

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2. CONTRACTS IN CIVIL LAW AND OTHER FIELDS OF LAW

A contract in civil law as a branch of Russian law and in contract law as a sub-branch of civil law is the main way to settle civil legal relations and create obligations. However, along with contractual obligations, the Civil Code of the Russian Federation regulates obligations arising from infliction of harm, unjust enrichment, as well as other non-contractual obligations.

There are contracts that are used outside of civil law. All of them are agreements aimed at the emergence of a set of rights and obligations, which together constitute the legal relationship generated by the agreement.

In labor law, an employment contract is used as the basis for the emergence of labor relations. Employment contract - an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and by this agreement, to pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations applicable to this employer. Difference from a civil law contract: performance by an employee of a personally defined labor function, submission to the rules of internal labor regulations, regular payment of wages, regardless of the final result.

In international law, there is an international treaty - an international agreement concluded by the Russian Federation with a foreign state (or states) or with an international organization in writing and governed by international law, regardless of whether such an agreement is contained in one document or in several related documents, and also regardless of its specific name. The difference is that this agreement regulates public relations.

In family law, there is a marriage contract - an agreement between persons entering into marriage, or an agreement between spouses, which determines the property rights and obligations of spouses in marriage and (or) in the event of its dissolution. The difference is that this agreement regulates property relations in marriage, as well as in the event of its termination.

Author: Rezepova V.E.

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