Contract law. Public contract, bidding, preliminary agreement (the most important)

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Contract law. Public contract, bidding, preliminary agreement (the most important)

Lecture notes, cheat sheets

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8. PUBLIC AGREEMENT, BIDDING, PRELIMINARY AGREEMENT

Public contract - an agreement concluded by a commercial organization and establishing its obligations for the sale of goods, performance of work or provision of services that such an organization, by the nature of its activities, must carry out in relation to everyone who applies to it (retail trade, transportation by public transport, communication services , energy supply, medical, hotel services, etc.).

Signs of a public contract:

1) a special subject composition - one party is a commercial organization or an individual entrepreneur engaged in entrepreneurial activities for the sale of goods, performance of work or provision of services; on the other side is the consumer of these goods, works or services. In some public contracts, only a citizen can be a consumer (for example, in a consumer contract), in others - both citizens and legal entities (for example, in a contract for transportation by public transport);

2) the sale of goods, the production of works and the provision of services are carried out in relation to everyone who applies to them.

Article 426 of the Civil Code of the Russian Federation contains general provisions on public contracts. The initial principles enshrined in it are concretized, detailed and developed in separate types, types or subtypes of contracts classified as public.

Preliminary contract - agreement of the parties on the conclusion of the main contract in the future on the terms stipulated by the preliminary contract. A preliminary contract presupposes the emergence of rights and obligations in the future, but it cannot directly give rise to these rights and obligations.

A preliminary contract is an obligation voluntarily accepted by the parties to conclude an additional main contract, it must agree on all the essential terms of the main contract. The form of the preliminary contract must comply with the form established for the main contract, and if the form of the main contract is not established, then in writing.

Bidding is a method of concluding an agreement in which the seller makes an offer to conclude an agreement to an indefinite circle of persons, and the buyer is the winner of the auction. Bidding is carried out in the form of a competition or auction. In the case of an auction, the winner is the person who offered the highest price, and in the case of a tender, the person who, according to the conclusion of the tender commission, offered the best conditions. According to the circle of possible participants, open auctions (any person can participate) and closed auctions (only those who are specially invited for this purpose) are distinguished.

Author: Rezepova V.E.

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