Contract law. The effect of norms on contracts in time, space and among persons. Analogy of contract norms (most important)

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Contract law. The effect of norms on contracts in time, space and among persons. Analogy of contract norms (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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4. VALIDITY OF REGULATIONS ON AGREEMENTS IN TIME, IN SPACE AND IN THE CIRCLE OF PERSONS. ANALOGY OF REGULATIONS ON A CONTRACT

The effect of the rules on contracts in time.

As a general rule, legislation on contracts does not have retroactive effect - acts of civil law apply to relations that have arisen after their entry into force. The exceptions are cases where the law itself expressly provides that the effect of the law extends to relations that arose before its entry into force.

If, after the conclusion of the contract, a law is adopted that establishes rules binding on the parties other than those that were in force at the conclusion of the contract, the terms of the concluded contract shall remain in force, unless the law establishes that its effect applies to relations arising from previously concluded contracts ( article 422 of the Civil Code of the Russian Federation).

The effect of norms on contracts in space. The legislation on contracts applies to the entire territory of the Russian Federation. The relations that develop between subjects in the territories of the Russian Federation and another state are regulated by the norms of other branches of law (international private, commercial law). The uniform application of the norms on contracts is ensured by the imperative norm, according to which the civil legislation is under the jurisdiction of the Russian Federation, the subjects of the Russian Federation are not entitled to establish norms regulating the provisions on contracts.

The effect of the norms on contracts for a circle of persons. All subjects of civil law have the right to conclude contracts and otherwise participate in contractual legal relations. The exceptions are special rules that establish the exclusivity of the right of one subject and the prohibition on participation in the contract of another subject. For certain types of contracts, an individual entrepreneur or a legal entity (supply, financial lease) participates on one side or another, where an individual is not entitled to participate. Some of the individuals in certain cases cannot act on the side of the donor (underage, incapacitated) and the donee (civil servants).

Analogy of the rules of the contract. If civil law relations are not regulated by legislation or by agreement of the parties and in the absence of a business practice, such relations, if this does not contradict their essence, are subject to civil law governing similar relations (an analogy of the law). If it is impossible to use the analogy of the law, the rights and obligations of the parties are determined on the basis of the general principles and meaning of civil law (the analogy of law) and the requirements of good faith, reasonableness and justice.

Author: Rezepova V.E.

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