Contract law. Cheat sheet: briefly, the most important

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Lecture notes, cheat sheets
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Contract law. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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Table of contents

1. THE CONCEPT OF THE CONTRACT

The term "contract" is used in several meanings:

firstly, as the basis for the emergence of a legal relationship (legal fact);
secondly, as a legal relationship arising from this basis (obligation);
thirdly, as a document (a form of agreement).

General provisions on the contract are contained in subsection 2 of section 3 of the Civil Code of the Russian Federation. The concept of a contract is given in Art. 420 of the Civil Code of the Russian Federation. An agreement is an agreement between two or more persons on the establishment, change or termination of civil rights and obligations. The contract as a legal fact serves as the basis for the emergence of the contract as a legal relationship or a contractual legal relationship. The contract as a legal fact and as a legal relationship are independent aspects of the contract, different sides in its development.

Contracts refer to that variety of legal facts, which is called transactions, which means that they are actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations (Article 153 of the Civil Code of the Russian Federation). Unlike a transaction, a contract is always an agreed expression of the will of two or more parties, aimed at generating civil law consequences. The agreement requires the agreement of the will of the parties on all issues of significant importance to them.

The regulatory role of the contract brings it closer to the law and regulations. The terms of the contract differ from the legal norm in two fundamental features:

1) the contract expresses the will of the parties, and the legal act - the will of the body that issued it;

2) the contract is directly designed to regulate the behavior of only its parties - for those who are not parties, it can create rights, but not obligations; at the same time, a legal or other normative act generates, in principle, a rule common to all and everyone (any restriction on the circle of persons to whom a normative act applies is determined by it).

Public contracts have some special features. In a public contract, the will of one of the parties is not always expressed, but on the contrary, the law establishes in this case the obligation to conclude a contract.

The content of the contract as a legal fact (the basis for the emergence of an obligation) is a set of conditions on which it is concluded. The content of the contract as a binding legal relationship is the rights and obligations of the parties.

In accordance with paragraph 4 of Art. 421 of the Civil Code of the Russian Federation, the content of the contract is determined at the discretion of the parties, except when the content of the relevant condition is prescribed by law or other legal act.

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.

3. CUSTOM, BUSINESS CUSTOM, USAGE IN LEGAL REGULATION OF CONTRACTS

A custom is a rule of conduct based on the duration and repetition of its application, not regulated by law, developing spontaneously in society, passed down from generation to generation and observed by people out of habit. The authority of custom is ultimately based on the formula: this is what everyone has always done. Customs are used in many areas of human activity, including those covered by law. Legal custom - a kind of custom, regulated by the rule of law, acquiring binding force with the sanction of the state. The subject of such a sanction is not custom as a specific rule of conduct, but the possibility of using it to resolve strictly defined issues in a strictly defined order. In the regulation of contractual relations, customs are important: in the absence of a particular condition, the contract establishes rules that are usually applied in similar cases.

The custom of business turnover is a rule of conduct that has developed and is widely used in any area of business activity, not provided for by law, regardless of whether it is recorded in any document (Article 5 of the Civil Code of the Russian Federation).

For the application of business customs (as opposed to custom), there is no need to refer to them in a specific article or other rule. In the relevant area of business turnover, the rules that meet the criteria given in Art. 5 of the Civil Code of the Russian Federation can always be used to fill gaps in legal acts and contracts. Business practices that are contrary to the provisions of the law or the contract binding on the participants in the relevant relationship shall not apply.

The custom of business turnover is similar to the dispositive norm - it is a fallback option that comes into effect, unless otherwise provided by the contract. The difference is that the dispositive norm itself contains the fallback option that the parties must keep in mind; in the custom of business turnover, it is necessary to find a rule that refers to it.

Business habits are rules of conduct that are common in business activities, common, but not binding on anyone. The peculiarity of a business practice in comparison with custom is expressed in the legal meaning of the will of the parties. The custom exists independently of it; by their agreed will, the parties can only paralyze the operation of the custom. In contrast, business habits acquire life on the condition that this corresponds to the express will of the parties.

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.

5. DEAL

Deal - actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations. Agreement - an agreement between two or more persons on the establishment, modification or termination of civil rights and obligations. These concepts are similar, but not identical. The concept of "contract" is included in the concept of "transaction". According to the classification of transactions, there are unilateral, bilateral and multilateral transactions. The last two transactions constitute contracts (clause 1, article 154 of the Civil Code of the Russian Federation).

In addition to the above division of transactions into unilateral and bilateral, multilateral (contracts), there is another division.

1. According to the moment to which their occurrence is timed, transactions can be real and consensual. Real ones are considered perfect when two conditions are simultaneously met:

a) there is an agreement, an expression of will has been made in the form required by law;

b) there was a transfer of the thing.

For consensual transactions, it is sufficient to fulfill one condition - reaching an agreement on all its essential conditions.

2. According to the presence of a counter property obligation of the other party, transactions may be paid or free of charge. For thelocal The transaction is characterized by the presence of a counter property provision.

3. According to the value that their legal purpose (basis) has for transactions, they are divided into causal and abstract.

Causal transactions always have a certain reason (cause) and are made for a specific purpose (buying a property, renting it, etc.). In the absence of a basis, the causal transaction is invalid. AT abstract transactions, the basis is either completely absent, or legally indifferent and does not affect their validity.

4. According to the dependence of the legal force of the transaction on a certain external circumstance, conditional transactions are distinguished.

conditional are transactions in which the emergence or termination of rights and obligations are made dependent on a circumstance with respect to which it is not known whether it will occur or not.

There are conditional transactions made with a suspensive or resolutive condition.

The transaction is considered completed under a suspensive conditionif the parties have made the emergence of rights and obligations dependent on the condition. The transaction is considered completed under the conditionif the parties have made the termination of rights and obligations dependent on the condition.

Contracts are legitimate transactions, they should be distinguished from illegal (not valid) transactions: imaginary, feigned, enslaving, etc.

6. FREEDOM OF CONTRACT. WILL AND WILL IN THE AGREEMENT

Freedom of contract, together with the equality of participants in civil relations and a number of other principles, is (Article 1 of the Civil Code of the Russian Federation) among the main principles of civil legislation.

The essence of freedom of contract is manifested in the following:

a) recognition of citizens and legal entities free in the conclusion of the contract. Coercion to conclude a contract is not allowed, except in cases where the obligation to conclude a contract is provided for by law or a voluntarily assumed obligation;

b) providing the parties with the opportunity to conclude any contract, both provided and not provided for by law or other legal acts. Thus, the parties can, if necessary, independently create any models of contracts that do not contradict the current legislation;

c) the parties are free to independently determine the terms of the contract they conclude, including the one built according to the model specified in the legislation. A mandatory requirement in this case is that the terms of the contract must not contradict the law.

The freedom of contract is also characterized by the presence in the contract of the will and will of the parties. This sign distinguishes the contract from causing harm to another person, unjust enrichment, acts of state bodies and local governments.

The presence of will and expression of will in the contract is interconnected and interdependent. Will implies the presence of a certain intention to make a deal. The will is the expression of the will outside in one way or another (orally, in writing, by conclusive actions, etc.). The presence of one will does not give rise to any legally significant consequences. At the same time, an expression of will with a vice of will does not give rise to a legitimate transaction and entails its invalidity. Therefore, the will is the actual intention to perform certain legally significant actions. Both concepts are characteristic of individuals. However, legal entities also enter into contracts. Therefore, the formation of the will and its expression outside is carried out in the form of representation. Sole or collegiate bodies of a legal entity, as well as other authorized entities, conclude contracts on behalf of and on behalf of a legal entity. The will of a legal entity is formed depending on the goals and type of its activity, therefore it should not contradict them. A representative concludes contracts on behalf of a legal entity, guided, among other things, by a subjective opinion. Therefore, the conditions for the validity of transactions also apply to contracts where one of the parties is a legal entity.

7. INVALIDITY OF CONTRACTS

The invalidity of the contract means that it does not entail the legal consequences that it was intended to achieve, but at the same time gives rise to the consequences established by law in connection with its invalidity. Such an agreement is invalid from the moment of its execution. The Civil Code of the Russian Federation divides invalid transactions into void and voidable.

A transaction is called void if it is initially invalid by virtue of the law, regardless of the existence of a judicial recognition of its invalidity, regardless of the desire of its parties. Void transactions do not entail the emergence, change or termination of civil rights and obligations to which they were directed. The requirement to apply the consequences of the invalidity of a void transaction may be presented by any interested person within 3 years from the date when its execution began.

A voidable transaction is a transaction that is invalid due to its recognition as such by the court at the request of an authorized person, which can be brought within one year from the day when the plaintiff learned or should have learned about the circumstances that are the basis for declaring the transaction invalid. Voidable transactions, until they are disputed, cause the legal consequences provided for by them, however, if they are disputed by an authorized person, then the court, if there are appropriate grounds, recognizes them as invalid, and from the moment they were committed (with retroactive effect).

Transactions with a defect in the subject - transactions of citizens who do not have the necessary legal capacity to complete them:

a) the transaction is made by a minor or incapacitated (the transaction is void);

b) the transaction by minors aged 14 to 18 years, as well as those with limited legal capacity (disputable transaction).

Transactions with the vices of the subjective side:

a) transactions in which the true will of the subject does not correspond to the will (imaginary and feigned transactions; transactions made under the influence of violence, threats; as a result of a malicious agreement between a representative of one party with the other party; committed by a citizen who is unable to understand the meaning of his actions or manage them );

b) transactions with defective formation of the inner will (transactions made under the influence of delusion, under the influence of deceit, and enslaving transactions).

Transactions with vices of form and content - failure to comply with a simple written form entails its invalidity in the case of a direct indication of this in the law, notarial - its invalidity; non-compliance of the terms of the contract with the law entails the invalidity of its part.

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.

9. CONDITIONS OF THE AGREEMENT

The terms of the contract are a way of fixing mutual rights and obligations. The content of the contract consists of its conditions, which fix the rights and obligations of counterparties, the subject of the contract, and liability in case of non-performance.

There are three types of contract terms:

a) essential - the conditions necessary and sufficient for the contract to be considered concluded and thereby capable of giving rise to rights and obligations for its parties;

b) ordinary - conditions that are enshrined in the contract in connection with the optionality of the norms that give rise to them. Their absence does not affect the validity of the contract. If not, then the provision of the law applies;

c) random - conditions that are not necessary for all general contracts of a certain type, contain provisions agreed by the parties, which sometimes do not coincide with dispositive norms of the law or customs.

The agreement of essential terms means that the contract is concluded. It follows that in the absence of agreement on at least one of these conditions, the specified goal will not be achieved. Signs of an essential condition:

1) for any contract, the condition on its subject matter is essential;

2) a condition is recognized as essential, which is named as such in the law or in other legal acts;

3) a condition that is necessary for contracts of this type. The selection among the essential conditions that are necessary for a given type (type) of contracts is of particular importance when it comes to unnamed contracts, i.e. those that are obviously distinguished by the absence of special legislative regulation for them, and hence the establishment of a list reflecting the specifics this type (type) of contracts of obligatory conditions;

4) all conditions necessary for this contract are essential.

Also distinguish:

a) prescribed - those that are directly named in the law;

b) initiative - those that are not mentioned in the legislation, and their inclusion in the agreement is determined by the discretion of the parties;

c) references - those that provide that on the relevant issue the parties are guided by the normative acts they have named.

In the course of fulfilling obligations under the contract, the terms of the contract may be changed by agreement of the parties. In the event of a change in the subject of the contract, the type of contract changes, which entails a change in the remaining terms of the contract.

10. FORM OF THE CONTRACT AND STATE REGISTRATION OF THE CONTRACT

The legal regulation of the form of the contract is carried out in the norms devoted to general provisions on transactions (Chapter 9 of the Civil Code of the Russian Federation), provisions on the rules for concluding a contract (Chapter 28 of the Civil Code of the Russian Federation), as well as regulating certain types of contracts.

The form of the contract is a way of expressing the inner will outside, a way of expressing the will and fixing the rights, duties and responsibilities of the parties to the contract. Failure to comply with a certain form of the contract does not give rise to the rights and obligations of the parties, up to the recognition of the contract as invalid.

The will to conclude a transaction can be expressed in three ways (Article 158 of the Civil Code of the Russian Federation):

a) direct expression of will, which may be oral or written (simple or notarial);

b) implicit expression of will, i.e. such behavior of a person from which his will to make a transaction is clear (for example, buying a carbonated drink through a special machine);

c) expression of will through silence, which is recognized as an expression of will to conclude a transaction in cases provided for by law or by agreement of the parties.

The parties are granted the right to conclude an agreement in any form provided for transactions, if a certain form is not provided for by law for this type of agreement (clause 1, article 434 of the Civil Code of the Russian Federation).

All contracts may be concluded orally, except as otherwise provided by law. Such cases include:

1) limiting the conclusion of an agreement orally on the basis of its subject composition (it is unacceptable to conclude an agreement orally between legal entities, between a legal entity and citizens);

2) the size of the transaction exceeds the limit established by law, expressed in relation to the minimum wage.

The written form of the contract involves the preparation of a single document (in two or more copies), which indicates all its conditions, the necessary details and signatures of the parties. In cases specified by law, a written contract is subject to notarization, without which the contract is considered not concluded.

State registration of an agreement is an additional act of recognition and confirmation by the state of a civil law transaction. Mandatory state registration is subject to transactions with immovable property - in all cases, and transactions with movable property - only in relation to property of a certain type. State registration of an agreement where the subject is real estate occurs by making an entry in the Unified State Register of rights to real estate and transactions with it.

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).

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.

13. CONCLUSION OF THE AGREEMENT

Conclusion of the contract

▪ reaching an agreement between the parties in the proper form on all essential terms provided for this type of agreement, in compliance with the procedure established by law.

To conclude a contract, it is necessary to comply with the mandatory procedure established by law. It consists in the fact that one party sends to the other party a proposal to conclude an agreement (offer), and the other party, having received an offer, expresses consent to its conclusion (acceptance).

The offer must meet the following requirements :

a) must be addressed to a specific person;

b) must be sufficiently specific;

c) must contain the intention to conclude an agreement with the person to whom it is addressed;

d) the offer must reflect all the essential terms of the contract.

An offer received by the addressee cannot be revoked (irrevocability principle) within the period established for its acceptance, unless otherwise specified in the offer itself or follows from the essence of the offer or the situation in which it was made.

Public offer - an offer containing all the essential terms of the contract, from which the will of the person making the offer is seen to conclude an agreement on the conditions specified in the offer with anyone who applies to him.

Acceptance of the offer is necessary for the conclusion of the contract. Acceptance may be expressed in writing, through actual and conclusive actions. The acceptance must be complete and unconditional, i.e. the acceptor concludes an agreement under the conditions specified in the offer.

Acceptance may be preceded by negotiations on the terms of the contract. In this case, the response to the offer to change the essential terms of the contract is a counter offer.

Conclusion of the contract without fail is possible only in cases provided for by law or a voluntarily assumed obligation (for example, a bank account agreement).

Conclusion of an auction contract - a method of concluding an agreement, according to which the person who announced the auction is obliged to conclude an agreement with the person who won this auction.

It is important moment of conclusion of the contract, since it is with him that the law connects the entry into force of the contract, when all the terms of the contract become binding on the parties.

As a general rule, an agreement is considered concluded when an agreement is reached on all essential terms of the agreement (all consensual transactions). For real contracts, the moment of conclusion of the contract is the actual transfer of the thing. An agreement requiring mandatory state registration is considered concluded from the moment of making an entry on the state registration of the transaction.

14. PERFORMANCE OF THE CONTRACT

The performance of the contract is expressed in committing or refraining from committing the acts that constitute its subject matter. When evaluating performance, it is taken into account whether the action was performed, and if so, how.

In the first case, we are talking about performance as such, and in the second - about its proper nature.

Article 393 of the Civil Code of the Russian Federation delimits:

1) non-performance;

2) improper execution.

When they talk about performance as such, they mean the performance of actions (refraining from actions) in kind, or, in other words, - real performance. Accordingly, proper performance includes compliance with a set of requirements that determine who and to whom should perform performance, as well as in what subject, when, where and in what way this should be carried out.

Real performance and proper performance are closely related, but not identical concepts. The first expresses the essence of performance as the performance of a certain action, and the second - the qualitative characteristics of the action (refraining from action). When checking whether the debtor has fulfilled the obligation, two independent questions are raised: did the person perform the action that constitutes the object of the relevant legal relationship (whether the requirement of real performance was observed), and how was this action performed (whether the requirement for proper performance was observed)?

In the current Civil Code, among the measures designed specifically to ensure real execution, one can name general rule of inadmissibility unilateral refusal to fulfill an obligation and unilateral change in its conditions (Article 310 of the Civil Code of the Russian Federation). The corresponding demand is addressed to the party to the contract that acts as the debtor. Unilateral termination or modification of the contract is in principle not permissible, regardless of whether it is an obligation of the debtor or the rights of the creditor.

Proper execution involves a number of elements.

1. Performance of an obligation to the proper person - the possibility of imposing on the debtor the risk of delivery of performance to the wrong person.

2. Performance by a proper person - the transfer of performance by a third party is considered as proper performance, unless otherwise follows from the law, other legal acts, the terms of the obligation or its essence.

3. Performance by the proper subject - the subject of the performance of the contract (obligations) in all its quantitative and qualitative parameters must comply with the requirements that are enshrined in the law, other legal acts and the contract.

15. CHANGING THE TERMS OF THE AGREEMENT. REPLACEMENT OF THE PARTIES IN THE CONTRACT

Amendment of the contract

▪ introducing new conditions into the contract for various reasons, as well as excluding old ones in compliance with the requirements established by law.

The legislation of the Russian Federation provides for a limited list of grounds for changing concluded agreements. The legislator proceeds from the stability of contractual relations in order to ensure a civilized and entrepreneurial turnover.

Grounds for changing the contract:

1) the agreement of the parties, unless otherwise provided by law or the contract, must be made in the same form as the contract itself;

2) amendment of the contract at the request of one of the parties in case of material breach of the contract by the other party.

Since the majority of obligatory relations are property relations that are not of a personal nature, it is permissible to replace the creditor or debtor with another person (change of persons in the obligation), which is regulated by Chapter. 24 Civil Code of the Russian Federation. A change of persons in an obligation entails the transfer of the rights and obligations of the entity retiring from the obligation to the person who replaced it.

Replacing a lender possible on the basis of a transaction or law. The exception is cases where the rights are inextricably linked with the personality of the creditor (in particular, claims for alimony, for compensation for harm caused to life or health). In addition, the assignment of a claim may be expressly prohibited by law or by agreement.

The rights of the creditor under the contract are transferred to another person as a result of universal succession in the rights of the creditor; by a court decision on the transfer of the creditor's rights to another person, when the possibility of such a transfer is provided for by law; due to the performance of the debtor's obligation by his guarantor or the pledgor who is not a debtor under this obligation; in case of subrogation to the insurer of the rights of the creditor to the debtor responsible for the occurrence of the insured event; in other cases provided by law.

The right of the original creditor passes to the new creditor to the extent and on the terms that existed at the time of the transfer of rights. Not only the basic requirement is transferred, but also other related rights. The scope of transferable rights may be changed by law or contract. The transaction, which serves as the basis for the transfer of the rights of the creditor, is called the assignment of a claim (cession). The debtor must be notified of the assignment.

Replacement of the debtor in the contract is also possible by virtue of law or transaction. The transfer of debt is allowed only with the consent of the creditor. The new debtor has the right to raise objections against the creditor's claim based on the relationship between the creditor and the original debtor.

16. TERMINATION

Contract may be terminated prior to completion. both as a result of purposeful volitional actions of the participants in the transactions themselves, and for other reasons, regardless of their will and desire. The Civil Code of the Russian Federation provides an approximate list of grounds for termination of the contract, which can be expanded by laws, other legal acts or the contract. The contract may be terminated in whole or in part.

Termination of the contract at the request of one of the parties is allowed only in cases provided for by law or an agreement (clause 2, article 407 of the Civil Code of the Russian Federation). The contract is terminated in whole or in part due to the unilateral will of one of the parties upon the forgiveness of the debt and the offset of a counter homogeneous claim.

The contract can be terminated on the basis of agreements on compensation (Article 409 of the Civil Code of the Russian Federation) and on novation. The compensation agreement in itself does not entail the termination of the contract; it is terminated only by the actual provision of compensation (payment of money, transfer of property, etc.) agreed upon by the parties in return for performance.

An obligation is also terminated on grounds other than transactions:

1) due to the coincidence of the debtor and the creditor in one person (Article 413 of the Civil Code of the Russian Federation);

2) due to the impossibility of performance, if it is caused by a circumstance for which neither of the parties is responsible (for example, a thing to be transferred to the buyer burns out during a fire). If the debtor's impossibility to fulfill an obligation is caused by the creditor's guilty actions, then the creditor is not entitled to demand the return of what he performed under the obligation (Article 416 of the Civil Code of the Russian Federation);

3) due to the impossibility of fulfilling the obligation in whole or in part as a result of the issuance of an act of a state body (Article 417 of the Civil Code of the Russian Federation). In this case, the parties have the right to compensation by the state for the losses caused;

4) due to the death of the debtor or creditor in an obligation of a personal nature: if the performance cannot be made without the personal participation of the debtor or the obligation is otherwise inextricably linked with the personality of the debtor; or if the performance is intended personally for the creditor or the obligation is otherwise inextricably linked with the personality of the creditor (Article 418 of the Civil Code of the Russian Federation). An obligation that is not related to the personality of its parties does not terminate in the event of the death of the creditor or debtor. The rights and obligations arising from the obligation pass to the heirs of the deceased;

5) as a result of the liquidation of a legal entity - a debtor or creditor (Article 419 of the Civil Code of the Russian Federation), except for cases when the law or other legal acts impose the fulfillment of the obligation of a liquidated legal entity on another person.

17. METHODS OF ENFORCING CONTRACTUAL OBLIGATIONS

Securing obligations - ways of influencing the debtor in order to properly fulfill the obligation and reduce the negative consequences of its non-fulfillment. The Civil Code of the Russian Federation names six ways to ensure the fulfillment of obligations: forfeit, pledge, retention of property, surety, bank guarantee, deposit (clause 1 of article 329). This list is not exhaustive: other interim measures may be provided for both by law and agreed by the parties in the contract.

The penalty is the most common way to secure obligations, it is convenient to use and is provided for in all contracts of entrepreneurs.

Penalty - a sum of money determined by law or contract, which the debtor is obliged to pay to the creditor in case of non-fulfillment or improper fulfillment of the obligation (Article 330 of the Civil Code of the Russian Federation).

Bail - securing an obligation, the non-fulfillment of which entails the right of the pledgee to sell the pledged property and compensate for losses from its value. A pledge is suitable for securing the fulfillment of obligations of many types, including non-contractual ones, and various property (movable and immovable), as well as property rights of claim (Article 336 of the Civil Code of the Russian Federation) can be the subject of pledge.

Retention consists in the right of the creditor, who has the thing of another person, to keep this thing in his possession until this person (debtor) repays the payments connected with this thing. If such payments are not made, the creditor's claims are satisfied from the value of the thing in accordance with the procedure established for pledge.

Surety is an agreement by virtue of which one person (guarantor) undertakes to another person (creditor) to be responsible for the fulfillment by a third party - the debtor - of his obligations in whole or in part (Article 361 of the Civil Code of the Russian Federation). The subject of the surety agreement is unusual - the obligation to bear civil liability for another person, and this predetermines the features of this agreement.

By virtue of bank guarantee a bank, other credit institution or insurance company (guarantor) at the request of another person (principal) gives a written obligation to pay the principal's creditor (beneficiary) in accordance with the terms of the guarantee a sum of money upon presentation by the beneficiary of a written demand for its payment (Article 368 of the Civil Code of the Russian Federation).

18. PENALTY. PLEDGE. DEPOSIT

The penalty can be set in a fixed amount, as a percentage of the amount of the unfulfilled obligation, and also in the form of an increased payment for the delivered goods or services. In this case, the penalty can be charged either once, or for each day of violation of the contract.

Fine and penalty - these are varieties of a penalty to which all the rules about it are fully applicable.

Types of penalty:

1) legal - provided for by the norms of the law, its size can be increased by agreement of the parties, but not reduced; negotiable - freely determined by the parties in the contract they conclude, and they indicate its size and calculation procedure;

2) credit - losses are reimbursed to the extent not covered by the forfeit;

exceptional - recovery of damages is excluded;

penalty area - recovery of damages is allowed, and they can be recovered in full amount in excess of the penalty;

alternative - gives the creditor the right to choose: he can demand either a penalty or compensation for damages.

By virtue of a pledge If the debtor fails to fulfill this obligation, the creditor under the obligation secured by the pledge shall have the right to receive satisfaction from the value of the pledged property preferentially over other creditors of the person who owns this property (the pledger).

Subject of pledge - any property, including property rights (claims), with the exception of those withdrawn from circulation, inextricably linked with the personality of the creditor (alimony, compensation for harm caused to health), and other rights, the assignment of which to another person is prohibited by law.

The deposit performs a number of functions. The security function is that if the party that gave the deposit is responsible for failure to fulfill the contract, it remains with the other party. If the party that received the deposit is responsible for the failure to fulfill the contract, it is obliged to pay the other party double the amount of the deposit. In addition, the party responsible for failure to fulfill the contract is obliged to compensate the other party for losses, minus the amount of the deposit, unless otherwise provided in the contract. The weakness of the deposit as an interim measure is that it can only be used in contractual obligations. Its advantages are the simplicity of fixing the amount of the deposit, the size of which may vary, and simplification of the proof procedure for the interested party to the contract.

A deposit should be distinguished from an advance - the amount paid by the party on account of the payments due from it under the concluded agreement. Like a deposit, an advance payment is a payment under the contract and proof of its conclusion, but it does not perform a security function.

19. HOLD. GUARANTEE. BANK GUARANTEE

Unlike other interim measures, withholding arises by virtue of the norms of the law.

Subject to retention there can be any things not withdrawn from circulation, including money. Withholding is allowed if the debtor fails to fulfill the obligation to pay for the thing, reimburse the costs associated with it and other losses on time.

Creditor retaining the thing must ensure its safety. and bears responsibility in case of its death (damage) according to the general norms of civil law. If the retention of the thing does not lead to the fulfillment of the creditor's claim, this claim is satisfied in the amount and in the manner provided for the pledge relations (Article 360 of the Civil Code of the Russian Federation), i.e., the court, at the claim of the creditor, levies execution on the retained thing.

Contract of agency under pain of its invalidity must be made in writing and may take the form of an independent agreement between the guarantor and the creditor or be a condition included in the agreement between the creditor and the debtor. In this second case, the contract must also be signed by the guarantor.

The subject of the guarantee there may be any obligations, including obligations that will arise in the future (Article 361 of the Civil Code of the Russian Federation).

However, the guarantor is responsible for the performance of the obligation only in cash. Claims for real performance, elimination of deficiencies, performance of actions cannot be presented to the guarantor.

The surety and the debtor are jointly and severally liable to the creditor, unless the law or the contract provides for subsidiary liability of the surety (Clause 1, Article 363 of the Civil Code of the Russian Federation). Vicarious liability is rarely used because it is less favorable for the creditor.

The guarantor is liable to the same extent as the debtor, including, in addition to the main debt of the debtor, the payment of interest, reimbursement of court costs for the collection of debt from the debtor and other losses of the creditor (clause 2 of article 363 of the Civil Code of the Russian Federation).

Differences between a bank guarantee and a guarantee:

1) a bank guarantee is not a contract, but a unilateral and unconditional obligation of the guarantor to the creditor (beneficiary) to pay, subject to the conditions of the guarantee, the amount of money named in it;

2) the obligation to the beneficiary stipulated by the bank guarantee does not depend in relations between them on the main obligation for which the guarantee was issued, even if it contains a reference to this obligation;

3) the obligation to pay under the guarantee, if the formal conditions of the guarantee are met by the beneficiary, is unconditional.

20. CONTRACTUAL LIABILITY AND ITS FORMS

Contractual liability - sanction for an offense - a violation of the terms of the contract, causing negative consequences for the violator in the form of deprivation of subjective civil rights or the imposition of new or additional civil obligations.

Signs of contractual liability:

1) property nature of contractual liability;

2) contractual liability is the responsibility of one participant in a contractual relationship to another;

3) compliance of the amount of liability with the amount of harm or loss caused;

4) the application of measures of responsibility equal in scope to various participants in the property turnover for the same type of offenses.

Form of contractual liability - a form of expression of adverse consequences in the property sphere of the offender, which are the result of the offense committed by him.

There are several forms of contractual liability:

1) damages - the debtor is obliged to compensate the creditor for losses caused by non-fulfillment or improper fulfillment of the obligation. This makes compensation for damages different from other measures of property liability, which are applied only in cases provided for by law or contract.

Losses - losses of the victim from a civil offense in the form of damage (real and lost profits) and harm (arising from tortious obligations). Compensation for losses is based on the principle of full compensation. The meaning of compensation for damages is that as a result, the creditor’s property should be in the position in which it would have been if the debtor had fulfilled the obligation properly. The implementation of this task requires compensation to the creditor for both actual damage caused by the violation of the obligation and lost profits;

2) payment of a penalty. If the law provides for a penalty for failure to fulfill the terms of the contract (legal penalty), we can talk about a form of contractual liability in its pure form. Payment of a contractual penalty is recognized as a form of contractual liability if it follows along with compensation for losses and is not an addition to compensation for losses (offset penalty) or the elimination of such compensation (exclusive penalty);

3) loss of deposit - lies in the fact that in case of non-compliance with the preliminary agreement on the conclusion of the contract, the violator is obliged to suffer deprivation in the form of a sum of money (other property provision), defined as a deposit;

4) other forms.

21. GROUNDS AND CONDITIONS OF CONTRACTUAL LIABILITY

The general and only basis for contractual liability is the presence of a civil violation. The offense is understood in a broad and narrow sense.

Broadly speaking, the offense - a legal fact that gives rise to a legal relationship between the offender and the victim and creates certain claims of the victim and the offender's obligations to make amends for the damage caused by the unlawful act.

In a narrow sense, the composition of the offense - a set of certain signs of an offense that characterizes it as a sufficient basis for contractual liability.

Signs (elements) of the composition of the offense:

1) illegal action (omission) - the actions (inaction) of the offender are contrary to the norms of the law or the provisions (conditions) of the contract. Compensation for harm can also occur in the case of lawful actions of a person (for example, when a person was in a state of emergency);

2) harm (or harmful consequences) - causing damage to the victim;

3) causality between the illegal action (inaction) and the harmful consequences that have occurred - the onset of adverse consequences due to the actions (inaction) of the offender;

4) offender's guilt - the mental attitude of the offender to the deed. A person is declared innocent if, with the degree of care and discretion required of him by the nature of the obligation and the conditions of turnover, he took all measures for the proper fulfillment of the obligation (clause 1, article 401 of the Civil Code of the Russian Federation). Guilt manifests itself in the form of intent or negligence. The law provides that compensation for harm is possible even in the absence of the fault of the tortfeasor (paragraph 2 of article 1064 of the Civil Code of the Russian Federation).

The offense also includes:

1) object of offense - what the tortfeasor encroaches on (property, health, etc.);

2) perpetrator - inflictor of harm. It can be any person, including the incompetent. By law, the obligation to compensate for harm may be imposed on a person who is not the tortfeasor (for example, his parents, adoptive parents or guardians are liable for causing harm to minors, unless they prove that the harm was caused through no fault of theirs).

The person who caused the harm may be released from contractual liability if he proves that the breach of the contract was caused by force majeure, natural or other disaster.

22. PROTECTION OF THE RIGHTS OF PARTICIPANTS OF CONTRACTUAL RELATIONS

In accordance with the Constitution, everyone is guaranteed judicial protection of his rights and freedoms (paragraph 1 of article 46), no one can be deprived of the right to have his case heard in that court and by the judge to whose jurisdiction it is assigned by law (paragraph 1 of article 47).

The need for unhindered exercise of civil rights, ensuring the restoration of violated rights, their judicial protection is elevated by the Civil Code of the Russian Federation (clause 1, article 1) to the rank of principles on which civil legislation is based.

Any subjective civil right is subject to protection, and the bearer of this right has the corresponding right to protect it using the means provided for by law. This power is one of the elements of subjective civil law, which manifests itself only in situations where someone challenges, encroaches or violates this subjective civil right.

Ways to protect civil rights - the means provided by the legislation with the help of which the suppression, prevention, elimination of violations of the right, its restoration and (or) compensation for losses caused by the violation of the right can be achieved.

Types of ways to protect civil rights:

1) methods of protection, the use of which allows you to confirm protected right or terminate (change) the obligation. This result leads to the application of the following methods of protection: recognition of the right; award to performance of duty in kind; non-application by the court of an act of a state body or local self-government body that contradicts the law; termination or change of legal relationship;

2) methods of protection, the use of which allows to prevent or stop the violation of the right. These include: suppression of actions that violate the right or threaten to violate it; invalidation of an act of a state body or local self-government body; self-defense rights; recovery of a penalty. The purpose of applying these methods of protection is to force or induce the offender to stop actions that violate the subjective civil right, or to prevent such actions;

3) ways of protecting civil rights, the application of which aims to restore the violated right and (or) compensate for the losses incurred in connection with the violation of the right. Such a result can be achieved by: restoring the situation that existed before the violation of the right; recognition of a voidable transaction as invalid and application of the consequences of its invalidity, application of the consequences of the invalidity of a void transaction; indemnification; compensation for moral damage.

23. AGREEMENT OF PURCHASE AND SALE

A purchase and sale agreement is an agreement under which one party (seller) undertakes to transfer ownership of property to another party (buyer), who undertakes to pay a certain amount of money for it.

This agreement is:

1) consensual - the law does not consider the transfer of goods a prerequisite for concluding a contract, therefore the contract is considered concluded from the moment when the parties have reached an agreement on all essential conditions;

2) compensated - the basis for the fulfillment of the obligation to transfer the goods is the receipt of counter satisfaction in the form of the purchase price, and vice versa;

3) mutual - the existence of subjective rights and obligations for both parties to the contract of sale.

A purchase and sale agreement gives rise to an obligation to alienate property for a fee for the purchase price in the form of a sum of money, which allows it to be distinguished from other agreements.

Thus, the donation agreement provides for the gratuitous alienation of property. In an exchange agreement, it is not money that acts as a consideration, but other goods, etc.

The parties to the contract of sale - the seller and the buyer can be any entity: citizens, legal entities or the state. However, the possibility of their participation in certain types of purchase and sale may be limited both by the nature of the contract itself and by the peculiarities of the legal status of the subject (scope of legal capacity, nature of real rights to property, etc.).

The only essential condition of the contract - subject of the purchase and sale agreement.

The price and term of the purchase and sale agreement are not its essential terms, except as provided by law.

Form of contract

(depending on the type of purchase and sale agreement):

1) oral;

2) written (simple or notarial).

Rights and obligations of the seller.

The main obligation for the seller is to transfer the goods to the buyer, which includes a number of requirements and involves the transfer of goods:

1) by handing over the goods or placing them at the disposal of the buyer;

2) together with accessories and documents relating to the goods;

3) in a certain amount;

4) in the agreed assortment;

5) appropriate completeness and in a set, if any;

6) established quality;

7) free from the rights of third parties;

8) in containers and packaging.

Rights and obligations of the buyer:

1) the obligation of the buyer to accept the goods;

2) the obligation to pay for the goods;

3) notify the seller of the improper performance of the contract;

4) the obligation to insure the goods (the last two obligations are additional).

24. RETAIL SALE AGREEMENT

Under a retail purchase and sale agreement, the seller (retailer) undertakes to transfer the item to the buyer for use not related to business activities.

A retail purchase and sale agreement is:

1) consensual;

2) compensated - the basis for the fulfillment of the obligation to transfer the goods is the receipt of counter satisfaction in the form of the purchase price, and vice versa;

3) mutual - the existence of subjective rights and obligations for both parties to the contract of sale;

4) public - concluded by a commercial organization and establishing its obligations for the sale of goods in relation to everyone who applied to it;

5) an accession agreement - the terms of this agreement are established only by one of the parties.

Types of retail purchase and sale agreement:

1) at the place of performance of the contract - sale at the buyer's home and sale at the seller's trading establishment;

2) by the time of transfer of goods - sale by preliminary orders and sale with immediate transfer of goods;

3) according to the method of delivery of goods - sale through vending machines, by self-service, with the buyer being served by the seller's employees;

4) by the term of payment for the goods - with advance payment, with payment on credit or in installments, with immediate payment;

5) for the obligation to deliver the goods - with and without the obligation to deliver the goods.

Seller

▪ only an entrepreneur (individual or collective - commercial organization) engaged in retail sales of goods.

Buyer

▪ a citizen or legal entity if he acquires goods only for their use for purposes not related to business activities.

subject of a contract

▪ things used for household or other consumption not related to business activities.

An essential term of the contract retail purchase and sale is the price.

Contract form:

the contract is considered concluded from the moment the seller issues the buyer a document confirming payment for the goods (cash receipt, sales receipt).

Rights and obligations of the seller:

1) transfer of goods to the buyer:

a) in a certain place;

b) with all accessories and documents;

c) in the agreed quantity and assortment;

d) appropriate completeness and in a set;

e) established quality;

f) free from the rights of third parties;

g) proper packaging or container;

2) provide the buyer with the necessary and reliable information about the product.

Rights and obligations of the buyer:

1) payment for the purchased goods;

2) acceptance of the goods;

3) the right to exchange the purchased goods.

25. AGREEMENT FOR THE SUPPLY OF GOODS

Delivery contract - an agreement under which the supplier-entrepreneur undertakes to transfer goods to the buyer within a specified period for use in economic purposes.

This agreement is:

2) compensated - the basis for the fulfillment of the obligation to transfer the goods is the receipt of counter satisfaction in the form of the purchase price, and vice versa;

3) mutual - the existence of subjective rights and obligations of both parties to the supply contract.

The main feature of the supply contract - in the special nature of the use of the product that is its object. The delimitation of the supply from similar civil law contracts is carried out using formally defined criteria fixed in the legal definition of the contract: subject composition and subject matter.

Subject composition

Provider - only an entrepreneur (a commercial legal entity; a non-commercial legal entity carrying out entrepreneurial activities in order to achieve its statutory goals; an individual entrepreneur; contractual associations of legal entities).

Buyer

▪ only an entrepreneur or, in some cases, the state, which is not directly stated in the law, but follows from the nature of the goods transferred and the purpose of the transfer.

Delivery object - a commodity understood in a broad sense as a material object, a product of labor that has consumer value and is manufactured for sale on the market. The object of delivery can only be goods suitable for use in entrepreneurial activities.

Contract form:

1) written;

2) oral.

Essential condition of the supply contract - the term of performance is established by the contract.

Rights and obligations of the supplier - the main obligation for the supplier is the obligation to transfer the goods to the buyer, which includes a number of requirements and involves the transfer of goods:

1) by shipping them to the buyer or by placing the goods at the disposal of the buyer at the location of the supplier;

2) together with accessories and documents relating to the goods;

3) in a certain amount;

4) in the agreed assortment;

5) appropriate completeness and in a set, if any;

6) established quality;

7) free from the rights of third parties.

Rights and obligations of the buyer:

1) the obligation of the buyer to accept the goods;

2) the obligation to pay for the goods;

3) notify the seller of the improper performance of the contract.

26. AGREEMENT FOR THE SUPPLY OF GOODS FOR STATE NEEDS

Supply contract for state needs is called an agreement on the transfer to the buyer of goods intended for state needs, concluded by the supplier on the basis of and in pursuance of a state contract.

Main distinguishing feature - a special purpose of using goods, namely, their purchase for state needs, including for the state reserve.

The supply contract for state needs is:

1) consensual;

2) compensated - the basis for the fulfillment of the obligation to transfer the goods is the receipt of counter satisfaction in the form of the purchase price, and vice versa;

3) mutual - the existence of subjective rights and obligations of both parties to the supply contract for state needs.

Provider - entrepreneur.

State customer - approved by the Government of the Russian Federation federal executive bodies, federal state-owned enterprises or state institutions.

Buyer - any legal entity.

subject of a contract - any goods purchased for use for economic purposes, including for entrepreneurial activities. The purchase of foreign-made goods under state contracts is not allowed.

Form of contract - written, is concluded by signing by the parties of one document.

An essential term of the contract supply for public needs is a deadline.

Rights and obligations of the supplier :

1) conclusion of a supply contract for state needs;

2) for delay in delivery or underdelivery of goods under a state contract, pay the buyer a penalty in the amount of 50% of the value of the underdelivered products and compensate for losses;

3) transfer of goods:

a) by shipping them to the buyer or by making the goods available to the buyer at the location of the supplier;

b) together with accessories and documents relating to the goods;

c) in a certain amount;

d) in an agreed assortment;

e) appropriate completeness and in the kit, if any;

e) established quality;

g) free from the rights of third parties;

h) in containers and packaging.

Rights and obligations of the state customer:

1) is obliged to accept the goods;

2) is obliged to assign a buyer to the supplier;

3) is obliged to pay for the goods;

4) act as a guarantor for the buyer’s obligation to pay for the goods.

Rights and obligations of the buyer:

1) is obliged to accept the performance proposed by the supplier;

2) has the right to refuse to enter into a contract in whole or in part;

3) pay for the goods if delivery is made under a separate supply agreement.

27. AGREEMENT OF CONTRACT

contracting agreement An agreement is called an agreement under which the producer of agricultural products (seller) undertakes to transfer the manufactured products to the procurer (contractor), and the latter undertakes to accept and pay for it.

The contracting agreement mediates relations for the procurement of agricultural products and raw materials, which form the basis of the well-being of any society. Its differentiation from other sales contracts is carried out by the subject composition and subject of the contract.

The contract agreement is:

1) consensual - is considered concluded at the moment of reaching an agreement between the parties in the form required by law;

2) paid;

3) mutual - the existence of subjective rights and obligations of both parties to the contracting agreement.

Seller (producer of products) and procurer of products (contractor) - entrepreneurs. The state and citizens who do not have the status of an entrepreneur cannot participate in the contract as a seller, while the state body can act as a procurer.

The subject contracting agreement is any product of agricultural production (plant growing, animal husbandry, fur farming, including fur farming, etc.).

The subject of the contracting agreement is not intended for personal, family, household or other similar use.

Essential conditions contracting agreements are term and assortment.

The price of the contract is not an essential condition and is determined according to the general rules provided for the purchase and sale agreement.

Form of contract - written.

Rights and obligations of the manufacturer:

1) acceptance of the goods;

2) payment for goods;

3) is obliged to accept agricultural products from the producer at its location;

4) is obliged to ensure its export outside the producer's farm;

5) is obliged to pay for the purchased agricultural products;

6) is responsible for violation of the terms of the contract on the general basis for entrepreneurs;

7) the procurer - a state body, under a contract for the purchase of agricultural products for state needs, in case of violation of the terms of the contract, is liable only for fault;

8) if there are certain conditions in the contract, he is obliged to return the processing waste to the manufacturer for an appropriate fee.

Rights and obligations of the manufacturer:

1) transfer of manufactured products to the supplier;

2) the need to transfer the goods in an agreed assortment;

3) exemption from liability for violation of the terms of the contract if there is evidence of the absence of guilt.

28. POWER SUPPLY CONTRACT

Energy supply agreement - an agreement under which one party (energy supply organization) undertakes to supply energy (or energy carriers) through the connected network to the other party (subscriber), which undertakes to pay for it, as well as to ensure the established regime and safety of energy (or energy carriers) consumption.

The energy supply contract is :

1) consensual - the contract is considered concluded from the moment when the parties have reached an agreement on all essential terms;

2) compensated - the basis for the fulfillment of the obligation to transfer the goods is the receipt of counter satisfaction in the form of the purchase price, and vice versa;

3) mutual - the existence of subjective rights and obligations of both parties to the energy supply agreement;

4) public.

The specifics of power supply to citizens' subscribers is the special nature of the rights and obligations of the parties under the contract.

Seller an entrepreneur - an energy supply organization, in some cases - a primary consumer, transferring the energy received by him to another person (sub-subscriber) with the consent of the energy supply organization.

Buyer - a legal entity (including a reseller) or a citizen.

The object of the contract acts as energy (in various forms) and energy carriers, i.e. substances that release energy during their use (steam, gas, other goods, the list of which is open). The object of the contract is the only essential condition of the energy supply contract.

Form of contract - written.

Rights and obligations of the seller.

The main responsibility of the seller is to supply the subscriber with energy (energy carriers):

1) in a certain amount;

2) in compliance with the agreed mode of submission;

3) established quality;

4) the supplier organization must ensure the safety (proper technical condition) of energy networks and energy metering devices;

5) the right to stop the supply of energy in case of delay in payment beyond the established period;

6) the right to collect a penalty from the subscriber.

Rights and obligations of the subscriber :

1) ensuring the safety of energy consumption;

2) compliance with the established mode of consumption;

3) payment for the received energy;

4) informing the energy supply organization about violations arising from the use of energy;

5) the right to receive the required amount of energy within the limits stipulated by the contract;

6) the right of the subscriber's unilateral refusal to accept energy;

7) the right, with the consent of the energy supplying organization, to transfer the energy received by it to the sub-subscriber.

Certain types of power supply contracts may establish additional obligations of the subscriber.

29. AGREEMENT FOR THE SALE OF REAL ESTATE

On real estate sale agreement the seller undertakes to transfer real estate to the ownership of the buyer, and the buyer undertakes to accept this property under a deed of transfer and pay for it a sum of money determined by the parties.

The contract for the sale of real estate is:

1) consensual - is considered concluded at the moment of reaching an agreement between the parties in the form required by law;

2) paid;

3) mutual - the existence of subjective rights and obligations for both parties to the contract for the sale of real estate.

Contract for the sale of residential premises is one of the contracts for the sale of real estate and has a number of distinctive features:

1) the intended use of the dwelling;

2) the impossibility of changing the target nature at the discretion of the parties;

3) residential premises can be used both for the residence of the owner himself, and for other persons to whom the premises are provided for residence as family members, either under an agreement or by virtue of a testamentary refusal by the former owner;

4) the contract must expressly indicate the rights of persons who, at the time of the sale of the contract, do not live in the residential premises;

5) the need for state registration of the contract.

Seller

▪ any subject of law:

1) the owner of real estate;

2) state or municipal enterprise;

3) legal entity.

Buyer - any subject of law.

subject of a contract - real estate.

Form of contract - written, by drawing up one document signed by the parties, with mandatory state registration of the transfer of ownership.

Essential terms of the contract purchase and sale of real estate are the terms of the subject of the contract.

Upon transfer of ownership of buildings, structures and other real estate, the buyer also transfers the rights to that part of the land plot that is occupied by the sold real estate and is necessary for its use.

Rights and obligations of the seller:

1) transfer of real estate to the buyer;

2) transfer to the buyer of the ownership of the sold property and putting it into possession of the property;

3) transfer of property into ownership free from the rights of third parties, except in cases where the buyer agreed to accept the property with an encumbrance.

Rights and obligations of the buyer:

1) the obligation of the buyer to take ownership of the immovable property;

2) register the transfer of ownership of the property;

3) the obligation to pay for the purchased property;

4) notify the seller of the improper performance of the contract;

5) obligation to insure property (the last two obligations are additional).

30. AGREEMENT FOR THE SALE OF THE ENTERPRISE

Under the contract for the sale of an enterprise, the seller undertakes to transfer the enterprise as a whole as a property complex to the ownership of the buyer, with the exception of rights and obligations that the seller is not entitled to transfer to other persons.

The contract for the sale of an enterprise is:

1) consensual;

2) compensated - the basis for the fulfillment of the obligation to transfer the goods is the receipt of counter satisfaction in the form of the purchase price, and vice versa;

3) mutual - the existence of subjective rights and obligations for both parties to the contract of sale.

subject of a contract - an enterprise, while the composition of the enterprise being sold should be determined, which is determined on the basis of its complete inventory. Also, the subject of the contract may be a part of the enterprise.

Essential terms and conditions of the contract are its price and subject - an enterprise, which is defined as a single and separate property complex belonging to an entrepreneur, recognized as real estate and used for doing business.

Parties to the agreement:

1) entrepreneurs - citizens or commercial organizations;

2) the state;

3) federal or local property funds.

Form of contract - written, by drawing up one document, which is accompanied by an inventory act, a balance sheet, an independent auditor's report on the composition and value of the enterprise, a list of all debts included in the enterprise, indicating creditors, the nature, size and terms of obligations and mandatory state registration of the right ownership of the enterprise.

Rights and obligations of the seller:

1) is obliged to prepare the enterprise for transfer;

2) transfer the enterprise to the buyer by signing the deed of transfer;

3) transfer the right of ownership to the buyer;

4) notify the buyer of all existing rights of third parties to the company and transfer their debts to the latter in a proper manner;

5) be sure to notify and obtain the consent of creditors on the sale of the enterprise.

Rights and obligations of the buyer:

1) payment for the received enterprise;

2) obligation to accept the goods;

3) may not unreasonably refuse to sign the deed of transfer or evade the state registration of ownership of the enterprise;

4) have the right to demand a corresponding reduction in the price of the enterprise if the seller violates the conditions regarding the quantity and quality of the enterprise being sold;

5) have the right to demand termination or amendment of the contract if the seller violates the terms of the contract;

6) the obligation to promptly notify the seller of the breach of contract.

31. CONTRACT OF MENA

barter agreement A contract is called a contract under which the parties mutually undertake to transfer ownership of goods to each other.

The exchange agreement is:

1) consensual;

2) compensated - the basis for the fulfillment of the obligation to transfer the goods is the receipt of counter satisfaction (other goods for the goods);

3) mutual - the existence of subjective rights and obligations of both parties to the exchange agreement.

An exchange agreement can be both consumer, civil in nature (between citizens, as well as non-profit organizations), and commercial (between entrepreneurs), depending on the purpose of the subject of the agreement.

Parties to the contract.

The parties to the exchange can only be persons who have the right of ownership or other real right to property:

1) citizens;

2) legal entities;

3) entrepreneurs;

4) commission agents.

The subject of the contract Any item that has not been withdrawn from circulation can be exchanged, and there is also the possibility of exchanging an item for property rights. Subjective civil obligations, as well as personal non-property benefits, cannot act as the subject of an exchange agreement.

Contract price

▪ the cost of each of the counter-provisions, if the value of the goods being exchanged is unequal, the transfer of a less valuable product must be accompanied by payment of the difference in prices (compensation), payment is made immediately before or after the transfer of the corresponding goods. It is not necessary to indicate the price of the exchange agreement in monetary units. The exchange of goods may not be accompanied by their monetary value.

Contract term - determined by the parties themselves.

The only essential condition barter agreements - a condition about the subject.

Contract form:

1) oral form (performed at the time of the commission, as well as transactions between citizens in the amount of less than 10 minimum wages);

2) written (all others).

The risk of accidental loss of goods passes to the buyer from the moment when the seller is considered to have fulfilled his obligation to transfer the goods to the buyer.

Rights and obligations of the parties.

The main obligation of the parties is to transfer the goods into the ownership of the counterparty:

1) the transfer of the exchanged goods must be carried out simultaneously, otherwise one of the parties is deprived of the right to own the thing (by transferring it to the other party), but retains the right of ownership;

2) the right of ownership arises simultaneously for both acquirers after the last transfer of goods has been made;

3) the obligation to transfer the goods free from the rights of third parties;

4) the obligation of the party to the agreement to inform the counterparty of the latter's violation of the terms of the exchange agreement.

32. GIFT AGREEMENT

Donation agreement - an agreement by virtue of which one party (the donor) transfers free of charge or undertakes to transfer to the other party (the donee) a thing in ownership or a property right (claim) to itself or to a third party, or releases or undertakes to release it from a property obligation to itself or to a third person (clause 1, article 572 of the Civil Code of the Russian Federation). This agreement is governed by 32 of the Civil Code of the Russian Federation.

The donation agreement is:

1) consensual - when the donor promised to donate a specific thing;

2) real - the contract is considered concluded from the moment of transfer of the thing;

3) free of charge;

4) unilateral.

Parties to the agreement are the donor and the donee. Citizens and legal entities, as well as public entities, can act on any of the parties.

The subject of the contract donations can be any things that are not withdrawn from circulation, and there is also the possibility of donating property rights.

Contract form:

1) oral;

2) written (in the case of a promise to donate), with mandatory state registration (in the case of a donation of real estate).

No contract allowed

1) if both the donor and the donee are commercial organizations;

2) if the donee are employees of medical, educational institutions, social protection institutions and other similar institutions, and the donors are citizens who are in such institutions for treatment, maintenance or education, spouses and relatives of these citizens;

3) if the donee are civil servants and employees of bodies of municipalities and the gift is transferred by a citizen or legal entity in connection with their official position or in connection with the performance of their official duties;

4) if the donors are minors and citizens recognized as legally incompetent, and the contract is made on their behalf by their legal representatives. The exception is ordinary gifts, the value of which does not exceed five minimum wages established by law.

The donor has the right to refuse to perform the contract without compensation for losses caused to the donee in the following cases:

1) if after the conclusion of the contract, the property or marital status or state of health of the donor has changed so much that the execution of the contract in the new conditions will lead to a significant decrease in his standard of living;

2) if the donee made an attempt on the life of the donor, the life of any of his family members or close relatives, or intentionally caused bodily harm to the donor.

In the event of the death of the donor, the right to refuse to perform the contract is exercised by his heirs.

33. LEASE AGREEMENT (GENERAL PROVISIONS)

Under a lease agreement, one party (the lessor) undertakes to provide the other party (the lessee) with property for a fee for temporary use.

The lease agreement is:

1) consensual - the contract is considered concluded from the moment when the parties have reached an agreement on all the essential terms of the lease agreement;

2) paid;

3) mutual - the existence of subjective rights and obligations of both parties to the lease agreement.

Landlord - the owner of the property transferred for use or a person authorized by law or the owner to lease the property.

Tenant - This is a person interested in obtaining property for use.

subject of a contract - any bodily non-consumable thing, since it does not lose its natural properties during use.

Contract form:

1) simple written (for lease agreements:

a) for a period of more than a year;

b) one party of which is a legal entity);

2) is subject to state registration (unless otherwise provided by law).

An essential term of the contract lease is its subject.

Rights and obligations of the lessor:

1) provide the tenant with property in a condition that complies with the terms of the lease agreement and the purpose of the property;

2) warn the tenant about all the rights of third parties to the leased property;

3) to carry out major repairs of leased property at its own expense, unless otherwise provided by law, other legal acts, lease agreement;

4) demand early termination of the contract and compensation for losses or early payment of rent in case of violation by the tenant of the terms of the lease agreement;

5) set the term for paying rent;

6) to give or not give consent to the conclusion of a sublease agreement by the tenant.

Rights and obligations of the tenant:

1) use the leased property in accordance with the terms of the lease agreement or in accordance with the purpose of the property;

2) timely pay a fee for the use of property;

3) upon termination of the lease agreement, return the property to the lessor in the condition in which he received it, taking into account normal wear and tear or in the condition stipulated by the agreement;

4) maintain the leased property in good condition, carry out current repairs at their own expense and bear the costs of maintaining the property;

5) without the consent of the lessor not to sublease the leased property;

6) demand a corresponding reduction in rent or termination of the contract if the lessor fails to fulfill the terms of the contract.

34. RENTAL AGREEMENT

rental contract - this is an agreement by virtue of which the lessor, who leases property as a permanent business activity, undertakes to provide the tenant with movable property for a fee for temporary possession and use (Article 626 of the Civil Code of the Russian Federation).

The rental agreement is:

1) consensual - the contract is considered concluded from the moment when the parties have reached an agreement on all the essential terms of the rental contract;

2) paid;

3) mutual - the existence of subjective rights and obligations of both parties to the rental agreement;

4) public - the lessor, if he has the opportunity to rent property, does not have the right to refuse to conclude an agreement to the person who applied to him, to establish different conditions for different tenants in it.

The parties to the rental agreement are the landlord and the tenant. The lessor of the submitted agreement is businessman (commercial organization, individual entrepreneur), for which the lease of property is a permanent activity. Any person can act on the side of the tenant.

The subject of the rental agreement can only be movable property.

The property that is provided under this agreement is used for consumer purposes, unless otherwise provided by the agreement or follows from the essence of the obligation. In this regard, the tenants under this agreement are mainly citizens who use the property for personal, family, and home use. Consumer protection legislation applies to such relationships.

Form of contract - written.

The rental agreement cannot be concluded for an indefinite period. Its maximum term is established in an imperative manner and is equal to 1 year (clause 1 of article 627 of the Civil Code of the Russian Federation). The rules on the renewal of a lease agreement for an indefinite period and on the tenant's pre-emptive right to renew a lease agreement do not apply to a rental agreement (clause 2, article 627 of the Civil Code of the Russian Federation). The tenant may cancel the rental agreement at any time, subject to a written warning to the lessor of this at least 10 days in advance (clause 3 of article 672 of the Civil Code of the Russian Federation).

Capital and current repairs of property leased under a rental agreement are the responsibility of the lessor.

Not allowed: sublease of property provided under a rental agreement, transfer of their rights and obligations under the agreement to another person, provision of this property for gratuitous use, pledge of lease rights and making them as a property contribution to business partnerships and companies or a share contribution to production cooperatives.

35. LEASE OF VEHICLES

A vehicle lease agreement is a type of a lease agreement and is divided into two types based on its subject matter: a vehicle lease agreement with a crew and a vehicle lease agreement without a crew.

The vehicle rental agreement is:

1) real - is considered concluded from the moment of transfer of the vehicle to the lessee by the lessor;

2) paid;

3) mutual - the existence of subjective rights and obligations of both parties to the lease agreement.

Form of contract

▪ written, without mandatory registration.

subject of a contract

▪ a vehicle of any type capable of independent movement in space.

Under a rental agreement for vehicles with a crew (time charter), the lessor provides the lessee with a vehicle for a fee for temporary possession and use and provides services for its management and technical operation on its own.

The landlord, in addition to his general duties, must:

1) maintain the proper condition of the leased vehicle;

2) provide the tenant with services for the management and technical operation of the vehicle;

3) bear the costs of paying for the services of crew members, the costs of their maintenance;

4) insure the vehicle and insure liability for damage that may be caused by it or in connection with its operation.

The tenant in exemption from his normal duties:

1) must bear the costs associated with the commercial operation of the vehicle, the costs of paying for fuel, other materials consumed during the operation and for paying fees;

2) has the right to sublease the vehicle without the consent of the lessor.

Under a lease agreement for a vehicle without a crew, the lessor provides the lessee with a vehicle for a fee for temporary use and possession without the provision of services for its management and its technical operation.

The tenant, in addition to his general duties, must:

1) maintain the vehicle in proper condition;

2) to carry out the management of the rented vehicle and its operation, both commercial and technical, on their own;

3) bear the costs of maintaining the rented vehicle, its insurance, including its liability insurance, as well as the costs arising in connection with its operation;

4) have the right, without the consent of the lessor, to conclude contracts of carriage and other contracts, if they do not contradict the purposes of using the vehicle

36. LEASE OF BUILDINGS AND FACILITIES

Building lease agreement - this is an agreement by virtue of which the lessor undertakes to transfer a building or structure for temporary possession and use or temporary use to the lessee, and the lessee undertakes to pay rent (Clause 1 of Article 650 of the Civil Code of the Russian Federation).

The contract for the lease of a building, structure is:

1) real - is considered concluded from the moment of transfer of the building, structure to the lessee by the lessor;

2) paid;

3) mutual - the existence of subjective rights and obligations of both parties to the lease agreement.

The subject of the lease buildings, structures is a building or structure that is inextricably linked to land and is real estate. The tenant of a building or structure also acquires the right to use during the lease term that part of the land plot that is occupied by this property and is necessary for its use (clause 1, article 652 of the Civil Code of the Russian Federation). Lease of a building or structure located on a land plot that does not belong to the lessor on the right of ownership is allowed without the consent of the owner of this plot, if this does not contradict the conditions for using such a plot established by law or an agreement with the owner of the land plot

In cases where the land plot on which the leased building or structure is located is sold to another person, the tenant of this building or structure retains the right to use the part of the land plot that is occupied by the building or structure and is necessary for its use, on the terms that were in force before the sale of the land site.

In addition to the subject essential condition contract is a condition of rent. In the absence of this condition, the lease agreement for a building or structure is considered not concluded. The rent stipulated in the agreement for the use of a building (structure) also includes payment for the use of the land plot on which it is located (or the corresponding part of the plot transferred with it), unless otherwise provided by law or the agreement (paragraph 2 of Article 654 Civil Code of the Russian Federation).

Form of contract

▪ written. It is concluded by drawing up a single document signed by the parties. Failure to comply with the form of the contract entails its invalidity.

A lease agreement for a period of at least a year is subject to state registration and is considered concluded from the moment of such registration (Article 651 of the Civil Code of the Russian Federation).

The transfer by the lessor of a building or structure and its acceptance by the tenant is carried out according to the transfer act or other transfer document signed by the parties.

37. ENTERPRISE LEASE AGREEMENT

On company lease agreement the lessor undertakes to provide the lessee for a fee for temporary possession and use of the enterprise as a whole as a property complex used for entrepreneurial activities.

The enterprise lease agreement is:

1) consensual;

2) compensated - the basis for the fulfillment of the obligation to provide the leased object for use is the timely payment for the use of property;

3) mutual - the presence of subjective rights and obligations of both parties to the enterprise lease agreement.

subject of a contract

▪ an enterprise as a single property complex related to real estate and including fixed and working capital, rights to use natural resources, exclusive rights, as well as claims and debts.

Form of contract

▪ written, by drawing up one document signed by the parties, subject to state registration.

Essential terms of the contract enterprise lease are the subject of the contract and the price.

Landlord

▪ the owner of the property being transferred for use or a person authorized by law or the owner to lease the property.

Tenant - this is a person interested in obtaining property for use, while the law does not apply any special requirements to him as a general rule.

The landlord, in addition to his general duties, must:

1) reimburse the lessee for the cost of inseparable improvements made by the latter to the leased property, regardless of the permission of the lessor for such improvements;

2) to provide the tenant with property in a condition corresponding to the terms of the contract and the purpose of the property.

The tenant, in addition to his general rights and obligations, has:

1) the obligation to maintain the enterprise in proper technical condition during the entire term of the contract, including carrying out its current and major repairs;

2) the obligation to return the leased property complex to the lessor in compliance with the rules for the transfer of the same complex after the expiration of the enterprise lease agreement;

3) the right, without the consent of the lessor, to sell, exchange, lend for temporary use or loan material assets that are part of the property of the leased enterprise, sublease them and transfer their rights and obligations under the lease agreement in relation to such assets to another person, provided that this does not entail a change in the value of the enterprise and does not violate other provisions of the enterprise lease agreement.

38. FINANCIAL LEASE (LEASE) AGREEMENT

Under a leasing agreement, the lessor undertakes to acquire ownership of the property indicated by the lessee from a seller determined by him and provide the lessee with this property for a fee for temporary possession and use for business purposes.

A finance lease is:

1) consensual - the contract is considered concluded from the moment when the parties have reached an agreement on all essential terms;

2) compensated - the basis for the fulfillment of the obligation to provide the leased object for use is the timely payment for the use of property;

3) mutual.

lessor - a leasing company, established primarily in the form of a joint-stock company, which has a license to lease property.

Lessee - a legal entity engaged in entrepreneurial activity, or an individual entrepreneur.

subject of a contract - any non-consumable things used for entrepreneurial activity, except for land plots and other natural objects.

Form of contract

▪ written (subject to state registration, unless otherwise provided by law).

Rights and obligations of the lessor :

1) to acquire the property chosen by the tenant from the seller indicated by him on the basis of a contract of sale;

2) ensure the transfer of the leased property to the tenant in a condition that complies with the terms of the contract and the purpose of the property;

3) the lessor is not responsible for the shortcomings of the leased property;

4) warn the tenant about all the rights of third parties to the leased property;

5) to carry out major repairs of leased property at its own expense, unless otherwise provided by law, other legal acts, lease agreement;

6) demand early termination of the contract and compensation for losses or early payment of rent in case of violation by the tenant of the terms of the lease agreement.

Rights and obligations of the tenant :

1) use the leased property in accordance with the terms of the lease agreement or the purpose of the property;

2) timely pay a fee for the use of property;

3) upon termination of the lease agreement, return the property to the lessor in the condition in which he received it, taking into account the normal condition or in the condition stipulated by the agreement;

4) maintain the leased property in good condition, carry out current repairs at their own expense and bear the costs of maintaining the property;

5) demand a corresponding reduction in the rent or termination of the contract if the lessor fails to fulfill the terms of the contract;

6) bear the risk of accidental loss or damage to property.

39. RENTAL AGREEMENT

Annuity agreement - an agreement by virtue of which one party (rent recipient) transfers property to the ownership of the other party (rent payer), and the rent payer undertakes, in exchange for the property received, to periodically pay rent to the recipient in the form of a certain amount of money or provide funds for its maintenance in another form (Clause 1, Article 583 of the Civil Code of the Russian Federation).

The lease agreement is:

1) real - the contract is considered concluded from the moment the recipient of the rent transfers the property to the payer of the rent;

2) compensated - the basis for the fulfillment of the obligation to provide the leased object for use is the timely payment for the use of property;

3) unilaterally binding - the recipient of the rent is vested with rights, and the payer of the rent bears obligations.

The relationship between the parties is long-term.

Parties to the agreement rent are the payer of the rent and the recipient of the rent. The recipients of rent are, as a rule, citizens, regardless of their age, ability to work, state of health, and permanent rent - as well as non-profit organizations, if this does not contradict the law and corresponds to the goals of their activities. Rent payers can be both citizens and legal entities.

The subject of the contract rent can be any immovable and movable property, including funds that are not limited and not withdrawn from civil circulation.

Form of contract - notarial. An agreement that provides for the alienation of real estate against the payment of rent, in addition, is subject to state registration.

If a sum of money or other movable property is transferred against the payment of rent, then an essential condition of the rental agreement is a condition establishing the obligation of the rent payer to provide security for the fulfillment of his obligations in one of the ways provided for in Art. 329 of the Civil Code of the Russian Federation (pledge, guarantee, bank guarantee) or insure in favor of the recipient of the rent the risk of liability for non-performance or improper performance of these obligations.

Property alienated against the payment of rent may be transferred by its recipient into the ownership of the rent payer for a fee or free of charge (Clause 1, Article 585 of the Civil Code of the Russian Federation). In the first case, the property is alienated with the condition not only of the provision of periodic rental payments, but also the transfer of a certain amount of money. In this case, the rules on the sale and purchase are applied to the relations of the parties regarding the transfer and payment of property, and in the case when such property is transferred free of charge, the rules on the donation agreement.

40. TYPES OF RENT CONTRACT

Constant annuity.

Both citizens and non-commercial organizations can be recipients of permanent rent, if this does not contradict the law and corresponds to the goals of their activities.

The obligation to pay this annuity is not limited to any specific period.

As a result, the law provides for the possibility of transferring the rights of a rent recipient to other citizens or non-profit organizations as a result of a transaction (assignment of a claim) or inheritance or succession in the reorganization of legal entities, unless otherwise provided by law or contract.

Payment of a permanent annuity made in cash in the amount determined by the contract. However, the contract may also provide for its payment by providing things, performing work or providing services that correspond in value to the monetary amount of the rent. The frequency of payment of a permanent annuity is determined by the contract, in the absence of such a condition in it, the annuity must be paid at the end of each calendar quarter.

The permanent annuity agreement may be terminated if the payer refuses to further pay the annuity by buying it out, as well as in the case of a demand for such a ransom by the recipient of the rent. The payer has the right to refuse to pay rent by buying it out no earlier than 3 months from the date of a written application to the recipient about the refusal, unless a longer period is provided for by the contract.

Life annuity.

Unlike a permanent annuity, only citizens can be recipients of a lifetime annuity. It is established for the period of life of a citizen who transfers property against the payment of rent, or another citizen indicated by him.

In the event of the death of the recipient of the annuity, the obligation to pay it is terminated. Unlike a permanent annuity, the right to receive a life annuity is not inherited and cannot be transferred by assignment of the right to claim.

Life annuity may be established in favor of several citizens, whose shares in the right to receive it are recognized as equal, unless otherwise established by the agreement. Such an obligation terminates in the event of the death of its last recipient.

Life support with a dependent - a kind of life annuity - an agreement by virtue of which the recipient of the rent - a citizen transfers his residential house, apartment, land or other real estate to the ownership of the rent payer, who undertakes to provide life maintenance with the dependence of the citizen and (or) the third person or persons indicated by him .

41. LEASE OF RESIDENTIAL PREMISES

Residential lease agreement - this is an agreement by virtue of which one party - the owner of the residential premises or a person authorized by him (landlord) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it (Article 671 of the Civil Code of the Russian Federation).

The tenancy agreement is:

1) consensual - the contract is considered concluded from the moment when the parties have reached an agreement on all essential terms;

2) paid;

3) mutual.

subject of a contract - isolated premises, which is real estate and suitable for permanent residence of citizens.

Parties to the contract - landlord and tenant. On the side of the tenant can only be a citizen, on the side of the landlord - any person (a contract for the commercial rental of residential premises) or an authorized state or municipal body.

Form of contract - written. The contract specifies family members living together with the employer.

Contract term : for a commercial lease - no more than 5 years; for a social contract of employment - indefinite.

The tenant is obliged:

a) use the premises only for living;

b) ensure the safety of the dwelling and maintain it in proper condition, carry out current repairs, unless otherwise provided by the contract;

c) timely pay the rent for the dwelling - within the terms stipulated by the contract or the law;

d) make their own utility bills.

The tenant has the right:

a) use the premises for living, use the common property of an apartment building;

b) sublease the residential premises or part thereof;

c) conclude a contract for the lease of residential premises for a new term (preferential right of the tenant).

At the request of the landlord a tenancy agreement can be terminated by a court order in the following cases: if the tenant fails to pay the rent for the dwelling for 6 months, unless a longer term is established by the contract, and in the case of short-term rent - if the rent is not paid more than twice after the expiration of the payment term established by the contract; if the tenant or other citizens for whose actions he is responsible allow the destruction or damage to the dwelling; if the tenant or other citizens for whose actions he is responsible, despite the warning of the landlord, use the premises for other purposes or systematically violate the rights and interests of neighbors.

42. FREE USE AGREEMENT (LOAN AGREEMENT)

Agreement for gratuitous use (loan agreement) - an agreement when one party (the lender) undertakes to transfer or transfers the thing for free temporary use to the other party (the borrower), and the latter undertakes to return the same thing in the condition in which it received it, taking into account normal wear and tear or in a condition due to contract.

The gratuitous use agreement is:

1) consensual - the contract is considered concluded from the moment when the parties have reached an agreement on all essential terms;

2) free of charge;

3) mutual.

subject of a contract - any property, both movable and immovable, but it must be separate and not lose its natural properties in the process of use, i.e. be a non-consumable thing.

Parties to the contract - the lender and the borrower. Any participant in civil circulation can act on either side.

Contract form:

a) oral (if the transaction is insignificant in the amount of less than 10 minimum wages);

b) written (if the subject of the contract is real estate, then with mandatory state registration).

Risk of accidental death or accidental damage the thing received for gratuitous use lies with the borrower:

1) if the thing was destroyed or damaged due to the fact that he used it not in accordance with the contract for gratuitous use or the purpose of the thing, or transferred it to a third party without the consent of the lender;

2) if, taking into account the actual circumstances, he could prevent its death or damage by sacrificing his thing, but preferred to keep his thing.

The lender has the right to demand early termination gratuitous use agreements in cases where the borrower:

a) uses the thing not in accordance with the contract or the purpose of the thing;

b) does not fulfill the obligation to maintain the thing in good condition or its maintenance;

c) significantly worsens the condition of the item;

d) transferred the thing to a third party without the consent of the lender.

The borrower has the right to demand before urgent termination gratuitous use agreements:

a) upon discovery of defects that make the normal use of the thing impossible or burdensome, the presence of which he did not know and could not know at the time of the conclusion of the contract;

b) if the thing, due to circumstances for which he is not responsible, turns out to be in a condition unsuitable for use;

c) if, at the conclusion of the contract, the lender did not warn him about the rights of third parties to the transferred thing;

d) if the lender fails to fulfill the obligation to transfer the thing or its accessories and related documents.

43. CONTRACT (GENERAL)

On contract one party (contractor) undertakes to perform certain work on the instructions of the other party (customer) and hand over its result to the customer, and the customer undertakes to accept the result of the work and pay for it. The work contract regulates the process of productive activity, accompanied by the creation of a certain materialized result.

The contract is:

1) consensual - the conclusion of the contract occurs from the moment the parties reach an agreement on its terms;

2) paid;

3) mutual - the existence of subjective rights and obligations for both parties to the contract.

The customer and contractor can be citizens and legal entities.

subject of a contract - the result of the work done.

Contract form - simple writing.

Essential condition contract - term.

Rights and obligations of the contractor:

1) is obliged to perform certain work on the instructions of the customer from his or his materials;

2) is obliged to perform the work in good quality;

3) is obliged to warn the customer in a timely manner that compliance with the instructions of the latter threatens the suitability or strength of the work performed;

4) the work must comply with the requirements of GOSTs, TUs or other regulatory and technical documentation;

5) is obliged to use the customer's material economically and carefully, provide a report on the consumption of the material and return the balance to the customer;

6) is obliged to check the good quality of the material provided by the customer during its fitting;

7) is obliged to take all measures to ensure the safety of the property entrusted to him by the customer;

8) is obliged to provide the customer with information regarding the operation or other use of the item;

9) have the right to demand payment of remuneration when concluding an agreement or an advance payment only in cases and in the amount provided for by law or a work contract;

10) the right to receive remuneration for the work performed.

Rights and obligations of the customer:

1) is obliged to pay remuneration to the contractor;

2) is obliged to accept the work performed;

3) is obliged to inspect the work and in case of detection of obvious deviations from the terms of the contract that worsened the work, or other shortcomings in the work, immediately report this to the contractor;

4) have the right, without interfering with the economic independence of the contractor, to control the performance of work, give instructions on the method of their implementation, specify the requirements for the result, without changing the essence of the task itself;

5) has the right to withdraw from the contract in case of detection of deficiencies and the impossibility of eliminating them;

6) is responsible for violation of the terms of the contract.

44. HOUSEHOLD CONTRACT

Household contract - an agreement by virtue of which the contractor, carrying out the relevant entrepreneurial activity, undertakes to perform, on the instructions of a citizen (customer), certain work designed to satisfy the household or other personal needs of the customer, and the customer undertakes to accept and pay for the work (clause 1, article 730 of the Civil Code of the Russian Federation) .

The household contract is:

1) consensual - the conclusion of the contract occurs from the moment the parties reach an agreement on its terms;

2) paid;

3) mutual - the existence of subjective rights and obligations of both parties to the contract;

4) public.

subject of a contract - the work is intended to meet the customer's domestic or other personal needs. These relationships are fully subject to consumer protection legislation.

Parties to the contract - customer and contractor.

On the side of the contractor is a person carrying out the relevant business activities for the performance of work, as a rule, a commercial organization or an individual entrepreneur. Only a citizen can be a customer under such an agreement.

Form of contract - written. It is in the form of a receipt or other document.

A household contract can also be drawn up by issuing a cash receipt, ticket, etc., if the work is performed in the presence of the consumer.

Rights and obligations of the contractor:

1) the contractor is obliged to perform the work within the time period established by the rules for the performance of certain types of work or by the contract;

2) if the work is performed from the material of the contractor, the material must be paid by the customer at the conclusion of the contract in full or in part specified in the contract;

3) the contractor is obliged to inform the customer about the requirements that must be met for the effective and safe use of the result of the work, as well as about the possible negative consequences of non-compliance with these requirements;

4) the contractor has the right to sell the result of the work after 2 months from the date of the written warning of the customer about the need to receive it;

5) the contractor is obliged, prior to the conclusion of the contract, to provide the customer with the necessary and reliable information aimed at eliminating the customer's misconceptions regarding future contractual legal relations.

Rights and obligations of the customer:

1) has the right to demand quality performance of work;

2) is obliged to accept and pay for the result of the work;

3) has the right to refuse to accept the result of the work in case of poor performance of the work.

45. CONSTRUCTION CONTRACT

On building contract the contractor undertakes, within the time period established by the contract, to build a certain facility on the instructions of the customer or perform other construction work, and the customer undertakes to create the necessary conditions for the contractor to perform the work, accept their result and pay the stipulated price.

A building contract is:

1) consensual - the conclusion of the contract occurs from the moment the parties reach an agreement on its terms;

2) paid;

3) mutual - the existence of subjective rights and obligations of both parties to the construction contract.

Customers can be individuals and legal entities.

Contractor:

1) construction and construction and installation organizations, regardless of their form of ownership;

2) individual entrepreneurs who have a license for construction activities.

subject of a contract construction contract - the result of the contractor's activities, which has a specific materialized form.

Essential conditions building contract are price and term.

Form of contract - written, by drawing up a single document signed by the parties.

Conclusion of the contract:

1) in the usual manner - by entering into direct contact between future counterparties, agreeing on all the necessary conditions for a future contract and signing it;

2) through special contract tenders.

Amendment of the contract.

The ability to make changes to the technical documentation without any reference to circumstances beyond his control belongs to the customer. At the same time, the additional work caused by this does not exceed 10% of the total cost of construction indicated in the estimate and does not change the nature of the work provided for in the construction contract, otherwise this issue is subject to mandatory agreement with the contractor. The contractor has the right to demand changes only to the estimate, and not to the technical documentation.

Termination of an agreement construction contract may occur for various reasons. They may be conservation or complete cessation of construction, systematic violation by the contractor of deadlines for construction and installation work or their low quality, systematic violation by the customer of obligations stipulated by the contract, recognition of the customer as insolvent (bankrupt) in the prescribed manner, etc. In addition, the customer (investor) has the right at any time to terminate or suspend the contract with compensation to the contractor for losses caused by this, including lost profits.

46. CONTRACT FOR THE PERFORMANCE OF DESIGN AND SURVEY WORKS

Contract for the performance of design and survey work - this is an agreement by virtue of which the contractor (designer, prospector) undertakes, on the instructions of the customer, to develop technical documentation and (or) perform survey work, and the customer undertakes to accept and pay for their result (Article 758 of the Civil Code of the Russian Federation). In most cases, capital construction should be preceded by survey and design work.

The contract for the performance of design survey work is:

1) consensual - the conclusion of the contract occurs from the moment the parties reach an agreement on its terms;

2) paid;

3) mutual - the existence of subjective rights and obligations of both parties to the contract for the performance of design and survey work.

subject of a contract - design work or survey work, or both design and survey work. Carrying out survey and design work is a necessary prerequisite for the implementation of capital construction.

survey work are aimed at obtaining materials about the conditions of future construction and the operating conditions of the facility to be built. Engineering surveys are divided into basic and special.

Design work include the preparation of design documentation for the construction or reconstruction of a capital construction facility, as well as major repairs, if during its implementation the design and other characteristics of the reliability and safety of capital construction facilities are affected.

Parties to the contract

▪ the contractor, who acts respectively as a designer or surveyor, and the customer. Carrying out survey and design work requires special knowledge and skills, therefore, on the side of the contractor, as a rule, specialized organizations or citizens with the appropriate license act. The customer can be any person.

Form of contract

▪ written.

The contractor is obliged:

1) perform work in strict accordance with the task, other initial data, the contract and established regulatory requirements;

2) coordinate the finished technical documentation with the customer;

3) transfer to the customer, according to the acceptance certificate, the finished technical documentation and the results of survey work.

The customer must:

1) pay for the work, as well as reimburse the contractor for additional expenses that are caused by a change in the initial data due to circumstances beyond the control of the contractor;

2) assist the contractor in the performance of work to the extent and on the terms stipulated by the contract.

47. STATE CONTRACT FOR THE PERFORMANCE OF CONTRACTOR WORKS FOR STATE NEEDS

State or municipal contract for the performance of contract work for state or municipal needs - an agreement by virtue of which the contractor undertakes to perform construction, design and other work related to the construction and repair of industrial and non-industrial facilities, and transfer them to the state or municipal customer, and the state or municipal customer undertakes to accept the work performed and pay for them or provide them payment (clause 2, article 763 of the Civil Code of the Russian Federation).

A building contract is:

1) consensual - the conclusion of the contract occurs from the moment the parties reach an agreement on its terms;

2) paid;

3) mutual - the existence of subjective rights and obligations of both parties to the contract for the performance of design and survey work.

The state contract may be concluded in relation to two types of contracts: construction and contracts for design and survey work.

subject of a contract

▪ the result of the contractor’s activities, which has a specific material form, as well as design work

Parties to the contract - customers and performers. Customers can be any individuals and legal entities that are interested in obtaining the results of new research and development. Contractors can be all Russian legal entities and individuals who have professional capabilities to perform R&D. The creative nature of the work predetermines the fact that the identity of the performer matters for the customer, namely his ability to solve the task.

Form of contract - written.

Rights and obligations of the performer:

a) is obliged to perform contractual work in accordance with the terms of reference and transfer its result to the customer within the prescribed period;

b) is obliged by his own efforts and at his own expense to eliminate the shortcomings of the work performed;

c) is obliged to agree with the customer on the use of protected results of intellectual activity owned by third parties and the acquisition of rights to use them;

d) has the right, after a month from the day when the result of the work should be transferred to the customer, subject to the subsequent two-time warning of the customer, to sell the result of the work, and the proceeds, minus all payments due to the contractor, to deposit in the name of the customer.

Rights and obligations of the customer:

a) is obliged to accept the result of the work performed;

b) is obliged to pay for the work at a fixed price and in the manner prescribed by the contract.

48. CONTRACT FOR THE PERFORMANCE OF SCIENTIFIC RESEARCH, EXPERIMENTAL AND TECHNOLOGICAL WORKS

Under a contract for the performance of research, development and technological work, the contractor undertakes to carry out scientific research stipulated by the technical specifications of the customer, and under a contract for the performance of experimental design and technological work - to develop a sample of a new product, design documentation for it or a new technology, and the customer undertakes to accept the work and pay for it (Clause 1, Article 769 of the Civil Code of the Russian Federation).

The contract for the performance of research, development and technological work is:

1) consensual - the conclusion of the contract occurs from the moment the parties reach an agreement on its terms;

2) paid;

3) mutual - the presence of subjective rights and obligations on both sides of the contract for the performance of research, development and technological work.

subject of a contract - the result of a creative solution by the performer of the assigned scientific, technical or technological task. The result of contracts for the performance of R&D should always be in a material form - a scientific report (conclusion), a product sample, design documentation, etc. either survey work, or both design and survey work carried out for state or municipal needs.

Essential conditions public contract are also ways to enforce contractual obligations.

The obligations of the state customer to pay for the work are provided by the relevant government bodies of the Russian Federation, a constituent entity of the Russian Federation or a municipality (depending on the source of funding).

It is permissible to apply any interim measures provided for by civil law: suretyship, bank guarantee, forfeit, etc.

Parties to the contract - state or municipal customer and contractor. Government authorities of the Russian Federation and constituent entities of the Russian Federation or a local self-government body, as well as recipients of budgetary funds authorized by these bodies (only budgetary organizations) can act as a state or municipal customer. A contractor may be a legal entity or a citizen that meets the requirements of the legislation on placing orders.

Form of contract - written.

Responsibility of the parties the state contract has some features.

In case of delay in fulfillment by the customer of the obligation stipulated by the state or municipal contract, the contractor has the right to demand payment of a penalty in the amount of 1/300 of the CBR refinancing rate.

49. AGREEMENT FOR PAID SERVICES

On contract for the provision of services the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.

The contract is:

1) consensual - the conclusion of the contract occurs from the moment the parties reach an agreement on its terms;

2) paid;

3) mutual - the existence of subjective rights and obligations of both parties to the contract for the provision of services for compensation.

Contractor (service provider):

1) an individual;

2) a legal entity, in some cases having a special license to carry out a specific type of activity.

Customer (service recipient):

1) an individual;

2) legal entity.

As the subject of the contract The paid provision of services is the beneficial effect received by the customer from the performance by the performer of certain actions or the implementation of certain activities by him. The beneficial effect obtained by the customer under the contract is of an intangible nature and, in contrast to the work contract, is never expressed in the appearance of a new thing or a change in the consumer properties of an existing one.

Price - not determined by legislation.

Date of performance - determined by agreement of the parties.

An essential condition contract for the provision of services is term.

Content of the contract are the obligations of the contractor to provide the service, and the customer - to pay for it. The obligation of the performer can be specified by describing the service to be provided, determining the place and term of its performance. Without determining these circumstances, the provision of services is impossible, since the process of providing the service and its result are inseparable.

Rights and obligations of the contractor (service provider):

1) is obliged to provide a service specified in the contract with an indication of the time and place of its performance;

2) has the right, in case of impossibility of performance due to the fault of the customer, to demand payment in full, provided for by the contract;

3) the right to compensation for expenses actually incurred before the impossibility of performance;

4) has the right to cancel the contract for the provision of services for compensation at any time, subject to compensation for losses to the customer.

Rights and obligations of the customer (service recipient):

1) is obliged to pay for the services provided;

2) compensate the contractor for the expenses actually incurred before the impossibility of providing the service;

3) has the right to cancel the contract for the provision of services for compensation at any time, subject to compensation to the contractor for losses.

50. CONTRACT OF CARRIAGE

The Civil Code of the Russian Federation does not give a general definition of a contract of carriage, but singles out contracts for the carriage of goods, passengers and baggage separately.

Contract of carriage of goods - an agreement by virtue of which the carrier undertakes to deliver the cargo entrusted to him by the sender to the destination and issue it to the person (recipient) authorized to receive the cargo, and the sender undertakes to pay the established fee for the carriage of cargo (clause 1, article 785 of the Civil Code of the Russian Federation).

The contract for the carriage of goods is:

1) real;

2) consensual - under a charter agreement;

3) paid;

4) mutual;

5) public.

Parties to the contract - carrier and shipper. The carrier may be a legal entity, an individual entrepreneur who has a license for the types of transportation that they carry out. Entrepreneurs who enter into a transportation agreement in fulfillment of their obligation to the counterparty under another agreement usually act as consignors.

subject of a contract - services for the territorial movement of goods from the point of departure to the point of destination using vehicles.

Passenger Carriage Agreement - an agreement by virtue of which the carrier undertakes to carry the passenger to the point of destination, and in the case of check-in by the passenger, also to deliver the baggage to the point of destination and give it to the person entitled to receive the baggage; the passenger undertakes to pay the established fare, and when checking in the baggage, also for the carriage of baggage (Article 786 of the Civil Code of the Russian Federation).

The contract is:

1) consensual;

2) paid;

3) mutual.

Parties to the contract - carrier and passenger. The carrier may be a person who has a license to transport passengers by the appropriate type of transport. The citizen-consumer acts as a passenger.

subject of a contract - services for the territorial movement of passengers from the point of departure to the point of destination using vehicles.

Form of contract - written. For a contract for the carriage of goods, there must also be a consignment note, for a contract for the carriage of passengers - a ticket.

The carrier undertakes to deliver the baggage entrusted to him by the passenger to the specified destination and issue it to the person authorized to receive the baggage, and the passenger undertakes to pay the established fee for the carriage of baggage.

An agreement on the carriage of baggage is not considered as an independent contract, the obligation to deliver baggage follows from the contract for the carriage of a passenger in the event of a real presentation of baggage for transportation.

51. CONTRACT OF TRANSPORT FORWARDING

Forwarding contract - an agreement according to which one party (the forwarder) undertakes, for a fee and at the expense of the other party (the client-cargo owner), to perform or organize the performance of certain services related to the transportation of goods (Article 801 of the Civil Code of the Russian Federation).

The forwarding contract is:

1) consensual;

2) real - in the case when the carrier itself acts as a forwarder;

3) paid;

4) mutual.

Parties to the contract

▪ freight forwarder and cargo owner client. Both entrepreneurs and citizens can act as clients under the contract; in the latter case, the provisions of the Consumer Protection Law apply to the relationship. Only an entrepreneur can be a forwarder (specialized forwarding firms, ports that consolidate small shipments into large consignments in the interests of transport organizations).

subject of a contract - services related to transportation (except for the transportation itself).

Form of contract - written. When accepting the cargo, the forwarder is obliged to issue a forwarding document (receipt) to the client.

Rights and obligations of the forwarder:

a) organization of cargo transportation by transport and along the route chosen by the forwarder or client;

b) is obliged to provide services in accordance with the terms of the contract;

c) is obliged to inform the client about the shortcomings of the information received, and if it is incomplete, request additional data from the client;

d) has the right to demand payment for services provided to the client.

Rights and obligations of the client:

a) is obligated to pay the forwarder remuneration under the contract;

b) has the right to give instructions to the forwarder regarding the implementation of the transport expedition;

c) the right of either party to refuse to fulfill the contract (the other party must be warned about this within a reasonable time).

Responsibility of the parties.

For non-fulfillment or improper fulfillment of his obligations, the freight forwarder shall be liable on the grounds and in the amount determined by the general provisions on obligations.

The freight forwarder, unlike the carrier, bears increased liability, regardless of the presence of his fault, like any entrepreneur, and compensates for the losses incurred in full. If the forwarder proves that the breach of obligation was caused by the improper performance of the contracts of carriage, the forwarder's liability to the client shall be determined in accordance with the same rules under which the relevant carrier is liable to the forwarder. The freight forwarder is responsible regardless of his fault and in full for all losses of the client, when the non-safety of the cargo is associated with the actions or inaction of the freight forwarder himself.

52. LOAN AGREEMENT

Loan agreement - this is an agreement by virtue of which one party (lender) transfers money or other things defined by generic characteristics to the ownership of the other party (borrower), and the borrower undertakes to return to the lender the same amount of money (loan amount) or an equal number of other things received by him of that of the same kind and quality (clause 1, article 807 of the Civil Code of the Russian Federation). Chapter is devoted to loan obligations. 42 of the Civil Code of the Russian Federation.

A loan agreement differs from a lease agreement in that, under a loan agreement, things are transferred into the ownership of the borrower and not the same, but similar things (of the same kind and quality) are subject to return.

The contract is:

1) real;

2) paid;

3) gratuitous - between citizens in the amount of less than 50 minimum wages, the contract is not related to the entrepreneurial activities of the parties, and also when the subject is things defined by generic characteristics;

4) unilaterally binding.

subject of a contract - money or things defined by generic characteristics, as a rule, consumed.

Parties to the contract - the lender and the borrower, which can be any subjects of civil law, taking into account their legal capacity.

Contract form:

a) oral;

b) written (if the amount of the transaction exceeds 10 minimum wages, and with the participation of a legal entity on the side of the lender - regardless of the amount).

In confirmation of the loan agreement, a borrower's receipt or other document certifying the transfer of a sum of money or things may be presented. Failure to comply with the written form of the loan agreement does not entail its invalidity, but deprives the parties in the event of a dispute to refer to witness testimony.

The loan may be in the form of a bond.

Bond - issuance security, certifying the right of its holder to receive from the person who issued the bond, within the period stipulated by it, the nominal value of the bond or other property equivalent, as well as the right to receive a percentage of the nominal value of the bond fixed in it, or other property rights.

Rights and obligations of the parties.

The fundamental obligation of the borrower is to return to the lender the received loan amount on time and in the manner prescribed by the agreement.

This obligation is present in both paid and gratuitous loan agreements. Under a reimbursable loan agreement, the borrower is obliged to pay interest to the lender for the use of the loan amount. Under a target loan agreement, which is concluded with the condition that the borrower uses the funds received for certain purposes, the borrower is obliged to provide the lender with the opportunity to exercise control over the intended use of the loan amount.

53. LOAN AGREEMENT

By virtue of loan agreement a bank or other credit organization (creditor) undertakes to provide funds (credit) to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the received amount of money and pay interest on it.

The contract is:

1) consensual;

2) paid - the loan fee is expressed as a percentage, which is established under the agreement;

3) mutual.

Parties to the agreement:

1) creditor (lender) - it can only be a bank or other credit organization that has an appropriate license from the Central Bank of the Russian Federation to carry out such operations;

2) borrower - any person receiving funds for business or consumer purposes.

Subject of the loan agreement are non-cash money (cash), i.e., the right to claim, and not things.

Contract price (the amount of interest) is determined by the agreement, and in the absence of special instructions in it - by the refinancing rate.

An essential condition of the loan agreement is the term of the contract.

Form of contract - written.

Feature content of the contract is the possibility of unilateral refusal to fulfill the concluded agreement on the part of both the lender and the borrower. The lender has the right to unilaterally refuse to issue a loan in whole or in part in the presence of circumstances that clearly indicate the impossibility of repaying the loan amount on time. The borrower also has the right to refuse to receive the agreed loan in whole or in part, and without motive.

He is only obliged to notify the creditor of his refusal before the deadline for granting the loan established by the agreement. If the lender has losses due to the refusal of the borrower, then their compensation is possible only if there is an appropriate condition in a particular loan agreement.

Rights and obligations of the creditor:

1) is obliged to provide non-cash funds to the borrower in accordance with the terms of the concluded agreement;

2) have the right to demand payment of interest on the loan;

3) have the right to refuse to issue a loan.

Rights and obligations of the borrower:

1) is obliged to repay the received credit;

2) is obliged to pay the interest stipulated by the agreement or the law for its use;

3) have the right to refuse to receive a loan.

Types of loan agreement:

1) target - for specific purposes;

2) current account (overdraft) - payment by the bank of the claims of its client's creditors even in the absence of funds in his account;

3) on-call - the use of a loan from a specially opened account with collateral.

54. FINANCING CONTRACT UNDER ASSIGNMENT OF A CLAIM

On financing agreement against the assignment of a monetary claim one party (financial agent) transfers or undertakes to transfer funds to the other party (client) on account of the client's (creditor's) monetary claim against a third party (debtor), and the client assigns or undertakes to assign this monetary claim to the financial agent. The monetary claim against the debtor may be assigned by the client to the financial agent also in order to ensure the fulfillment of the client's obligation to the financial agent.

The contract is:

1) real - in the case when the agent transfers funds or the client cedes the claim;

2) consensual - in the case when the agent undertakes to transfer funds or the client undertakes to cede the claim;

3) paid;

4) mutual.

Parties to the agreement:

1) financial agent (factor) - a special subject of the contract, a commercial organization professionally providing factoring services:

a) banks and other credit organizations;

b) commercial organizations that have received a special license to carry out such activities;

2) client - any person, but the vast majority are commercial organizations.

The subject of the contract financing against the assignment of a monetary claim can be:

1) transfer of a monetary claim to a financial agent in exchange for providing funds to the client;

2) assignment by the client to the factor of his monetary claim as a way to ensure the fulfillment of the obligation that the client has to the factor (usually under a loan agreement between the factor and the client).

Contract price - the value of the client's assigned claim against the debtor.

Contract form:

a) simple writing;

b) a written assignment of the claim with a notarization;

c) written with state registration.

Contract term determined by agreement of the parties.

Rights and obligations of the factor:

1) is entitled to receive a valid monetary claim;

2) is obliged to finance the client by transferring funds;

3) is obliged, in specially stipulated cases, to accept from the client the necessary documentation for the accounting of the client's transactions;

4) is obliged to provide the client with other financial services related to monetary claims that are the subject of assignment.

Rights and obligations of the client:

1) has the right to demand funds on account of submitting a monetary claim against the debtor;

2) is obliged to transfer a valid monetary claim to the factor;

3) is obliged to notify the client about the assignment of the monetary claim in favor of the factor.

55. BANK ACCOUNT AGREEMENT

On bank account agreement the bank undertakes to accept and credit funds received to the account opened by the client (account holder), to fulfill the client's instructions on transferring and issuing the appropriate amounts from the account and carrying out other operations on the account.

The bank account agreement is:

1) consensual - the conclusion of the contract occurs from the moment the parties reach an agreement on its terms, and not at the moment the funds are credited to the account;

2) paid;

3) mutual.

Parties to the bank account agreement:

1) a bank (including another credit institution holding a license);

2) client (account holder) - any natural or legal person.

subject of a contract

▪ the client’s funds in his bank account, with which transactions are carried out under the agreement.

Form of contract

▪ simple written.

Rights and obligations of the bank:

1) is obliged to accept and credit funds received to the account opened for the client;

2) is obligated to carry out the client’s orders regarding the transfer and withdrawal of appropriate amounts from the account and carrying out other operations on it;

3) is obliged to inform the client about the state of his account and the operations performed on it;

4) is obliged to keep the secrecy of the bank account, transactions on it and information about the client;

5) is obliged to carry out the relevant operations on the account within the terms established by law and the contract;

6) have the right to demand payment for their services;

7) have the right to demand the return of funds related to the crediting of the account and the payment of interest on the loan.

Rights and obligations of the client:

1) has the right to demand payment of interest for the use of his funds;

2) is obliged to draw up and submit to the bank documents that comply with the requirements of the law and banking rules for the disposal of funds on the account;

3) is obliged to pay the bank's expenses for performing operations on the account;

4) is obliged to comply with banking rules when performing operations on the account.

Types of accounts:

1) settlement - open to all legal entities, as well as citizens entrepreneurs;

2) current - open to organizations that do not have the rights of a legal entity, including branches and representative offices of legal entities;

3) budgetary - are opened to subjects who have been given the right to dispose of budgetary funds;

4) currency - open to clients for crediting foreign currency and settlements with it;

5) loans - have a strictly target character and are intended exclusively for lending to bank customers;

6) correspondent - accounts on which mutual settlements of banks are taken into account.

56. BANK DEPOSIT AGREEMENT

On bank deposit agreement one party (bank) that has accepted the amount of money (deposit) received from the other party (depositor) or received for it, undertakes to return the deposit amount and pay interest on it on the terms and in the manner prescribed by the agreement.

The bank deposit agreement is:

1) real - is considered concluded and gives rise to the rights and obligations of the parties only from the moment the depositor makes a sum of money (deposit) in the bank;

2) unilateral - gives rise only to the right of the depositor to demand the return of the amount of money contributed, as well as the payment of interest and the corresponding obligation of the bank;

3) compensated - the payment of interest corresponds to the deposit of funds;

4) public - the bank must accept a deposit from everyone who applies to it (if the depositor is a citizen).

Parties to the agreement:

1) bank;

2) contributor - any natural or legal person.

subject of a contract - money (deposit). The amount of money can be expressed in rubles or foreign currency.

An essential term of the contract bank deposit is the subject.

Feature of the contract - along with the subject, its essential condition is the indication of the name of the citizen or the name of the legal entity in whose favor the contribution is made.

A bank deposit agreement in favor of a citizen who has died by the time the agreement is concluded, or a legal entity that does not exist at that time, is void.

Form of contract : written. The form of the bank deposit agreement is considered to be complied with if the deposit is certified:

1) savings book - a document that draws up the conclusion of a bank deposit agreement with a citizen and certifies the movement of funds in his deposit account;

2) savings or deposit certificate - a registered or bearer security, certifying the amount of a deposit in a bank, the presentation of which is the basis for paying its holder the amount of the deposit and interest on it;

3) another document issued by the bank to the depositor that meets the requirements stipulated for such documents by the law, the banking rules established in accordance with it and the customs of business turnover applied in banking practice.

Bank Responsibilities:

1) accept a deposit;

2) to issue the amount of money within the period specified by the agreement;

3) keep the secret of the bank deposit;

4) pay interest on the deposit.

Contributor's rights:

1) has the right to demand the return of the deposit;

2) have the right to demand payment of interest on the deposit;

3) have the right to receive funds received from third parties to their account.

57. CONTRACT OF ORDERING

On commission agreement one party (attorney) undertakes to perform certain legal actions on behalf and at the expense of the other party (principal), and the rights and obligations as a result of these actions arise directly from the principal

The contract of assignment is:

1) consensual;

2) mutual;

3) gratuitous - if remuneration to the attorney is not provided;

4) paid - if this agreement is connected with the implementation of entrepreneurial activities by at least one of its participants and if the law or the agreement provides for remuneration to the attorney.

The subject of the contract of assignment is the performance by one person on behalf of another of certain legal actions, the Law does not contain special rules on the form of this agreement proceeding from the fact that, as a general rule, the relations of its participants are formalized by issuing a power of attorney.

Parties to the agreement:

1) principal;

2) attorney.

Only able-bodied persons can act as parties.

Term and price (in a reimbursable contract) are determined by agreement of the parties. The contract can be both fixed-term and indefinite. The conclusion of an open-ended contract means that the parties have not determined in the contract the deadline for its validity, however, the issued power of attorney must contain an indication of the period for its issuance.

Rights and obligations of the attorney:

1) is obliged to personally execute the assignment given to him;

2) is obliged to act in strict accordance with the instructions of the principal;

3) has the right to deviate from the instructions of the principal only if it is necessary in the interests of the principal himself, and it is not possible to receive new instructions from him within a reasonable time;

4) is obliged to inform the principal of all information on the progress of the execution of the order;

5) is obliged to transfer without delay everything received under transactions made in pursuance of the order;

6) has the right to transfer the execution of the assignment to another person (substitute) in the case when he is authorized to do so by a power of attorney or is forced to do so by force of circumstances to protect the interests of the principal.

Rights and obligations of the trustee:

1) is obliged, first of all, to authorize the attorney to perform certain legal actions on his own behalf, issuing him a power of attorney for these purposes;

2) is obliged to reimburse the attorney for the expenses incurred and provide him with the funds necessary for the execution of the assignment;

3) after the execution of the order, the principal is obliged to immediately accept from the attorney everything performed by him in accordance with the contract, and if the contract was for compensation, then pay a fee;

4) has the right to cancel the order at any time.

58. ACTIONS IN THE INTEREST OF ANOTHER WITHOUT ORDER

Actions in someone else's interest without instructions - these are actions without an order, other indication or previously promised consent of the person concerned in order to prevent harm to his person or property, fulfill his obligations or in his other legitimate interests.

Actions in someone else's interest should be made on the basis of the obvious benefit or benefit and the actual or probable intentions of the person concerned and with the care and discretion necessary in the circumstances of the case.

The law establishes that the provisions of the Civil Code of the Russian Federation on actions of this kind do not apply to actions in the interest of other persons performed by state and municipal bodies for which such actions are one of the goals of their activities.

A person acting in someone else's interest obliged as soon as possible notify the person concerned (unless the action is taken in his presence) and wait within a reasonable time for his decision to approve or disapprove of the action taken, unless such waiting would cause serious harm to the person concerned. If the person approves these actions, then the rules on the contract of agency or other contract corresponding to the nature of the actions taken will apply to the relations of the parties, even if the approval was oral.

Actions in someone else's interest, committed after the one who commits them, it became known that they are not approved by the person concerned, do not entail for the last duties neither in relation to the perpetrator of these actions, nor in relation to third parties.

Actions to prevent danger to the life of a person in danger, allowed and against the will of this person, and the fulfillment of the obligation to support someone is against the will of the one on whom this obligation lies.

Necessary expenses and other real damages incurred by a person acting in someone else's interest are subject to compensation by the person concerned, even if these actions did not lead to the intended result.

A person whose actions in someone else's interest led to a positive result for the person concerned is entitled to receive remuneration.

Obligations under a transaction concluded in someone else's interest are transferred to the person in whose interests it was made, subject to his approval of this transaction.

A person acting in someone else's interest is obliged to submit to the person in whose interests such actions were carried out a report indicating the income received and expenses incurred and other losses.

59. COMMISSION AGREEMENT

On commission agreement one party (commission agent) undertakes, on behalf of the other party (principal), for a fee, to make one or more transactions on its own behalf, but at the expense of the principal.

The commission agreement is:

1) consensual;

2) mutual;

3) compensated - for the transaction, the commission agent receives remuneration.

The subject of the commission agreement is the provision of intermediary services in the field of trade.

Parties to the commission agreement:

1) committent - an individual or legal entity in whose interests transactions are made for the acquisition or sale of property belonging to them;

2) commission agent - a natural or legal person who makes the relevant transactions in the interests of the committent. In the vast majority of cases, the commission agent carries out entrepreneurial activities.

Price in the contract, the commission depends on the price of the transaction. The amount of the commission, which is usually determined as a percentage of the transaction price, does not affect the price of the commission agreement.

Contract term - the period of time during which the commission agent performs all obligations under the commission agreement. The contract can be concluded both for a period and without its indication.

Rights and obligations of the commission agent:

1) is obligated to complete a transaction or sales transactions for the principal in strict accordance with the instructions given to him and on the most favorable terms for the principal;

2) having executed the order, he is obliged to submit a report to the committent and transfer to him everything received under the commission agreement;

3) if a third party fails to perform the concluded transaction, he is obliged to inform the committent about this, collect the necessary evidence, and also, at the request of the committent, transfer the rights under such a transaction to him;

4) have the right to demand remuneration under a commission agreement;

5) has the right to involve third parties in the execution of the contract, including by concluding a subcommission contract;

6) have the right to withhold the property of the committent in his possession, if the latter has not made any payments due to the missionary.

Rights and obligations of the consignor:

1) is obliged to accept from the commission agent everything performed under the commission agreement and inspect the property acquired for him by the commission agent;

2) is obliged to pay a commission fee to the commission agent and reimburse the expenses incurred by him for the execution of the commission order;

3) have the right to terminate the commission agreement at any time by canceling the order and indemnifying the commission agent for losses caused by the termination of the agreement;

4) have the right not to accept property from the commission agent, acquired for the principal at a price higher than agreed in the contract.

60. AGENCY AGREEMENT

В agency agreement one party (agent) undertakes, for remuneration, to perform, on behalf of and at the expense of the other party (principal), legal and other (actual) actions either on its own behalf or on behalf of the principal.

The agency agreement is:

1) consensual;

2) mutual;

3) compensated - for the commission of legal and other (actual) actions, the agent receives a reward.

An agency agreement can be used both in business transactions and in other civil law relations.

The subject of the agency agreement is the provision of intermediary services in the commission of any lawful actions.

Parties to the agreement:

1) agent;

2) principal.

Any subjects of civil law with legal capacity can act as parties. The law does not contain a strict binding of an agent to the status of an entrepreneur, although the activity of an agent in most cases is associated with the implementation of entrepreneurial activities.

special requirements for form the conclusion of an agency agreement is not provided for by law. It is enough to have an agency agreement in a simple written form.

The agency agreement, at the discretion of the parties, may be concluded both for a fixed period and without specifying a period. Differences between an agency agreement and commission and assignment agreements:

1) the subject of the agency agreement is the commission by the agent of not only legal (as in commission and commission agreements), but also actual actions;

2) an agency agreement always has a continuing nature, since the agent undertakes to perform, and not to perform for the principal, any actions, and, therefore, cannot be concluded for the agent to perform any one specific transaction.

Rights and obligations of an agent:

1) is obliged to perform transactions and other legal and actual actions in the interests and at the expense of the principal;

2) is obliged to fulfill any instructions in accordance with and with the terms of the contract and instructions of the principal;

3) is obliged to provide financial reports on the progress of execution of the order;

4) have the right to demand remuneration for the actions performed, as well as reimbursement of expenses related to the implementation of the instructions of the principal;

5) has the right to involve third parties in the execution of instructions by concluding a subagency agreement.

Rights and obligations of the principal:

1) is obliged to give the agent the appropriate powers and provide him with the means necessary to fulfill the instructions given to him, because the agent always performs both legal and actual actions at the expense of the principal;

2) is obliged to pay the agent remuneration for the actions performed in his interests.

61. PROPERTY INSURANCE CONTRACT

On property insurance contract the insurer, in return for the payment of the insurance premium by the insured, undertakes, upon the occurrence of an insured event, to compensate the insured or the beneficiary for the losses caused as a result of this event in the insured property or losses in connection with other property interests of the insured (to pay insurance indemnity) within the sum insured.

The contract is:

1) real - the contract comes into force at the moment of payment of the insurance premium or its first installment;

2) compensated - the insured pays the insurance premium, and the insurer bears the risk of an insured event and, if the latter occurs, makes an insurance payment;

3) mutual;

4) aleatory (risk) - the emergence, change or termination of certain rights and obligations depends on the occurrence of objectively random circumstances (events) for the parties themselves.

Parties to the agreement:

1) policyholder - any person entering into an insurance contract; on the side of the policyholder, in addition to himself, there may be third parties - beneficiaries;

2) insurer - a legal entity that has a permit (license) to carry out property insurance.

The subject of property insurance is a property interest:

1) the risk of loss (destruction), shortage or damage to certain property;

2) the risk of liability for obligations arising from causing harm to life, health or property of other persons, and in cases provided for by law, also liability under contracts - the risk of civil liability;

3) the risk of losses from business activities due to violation of their obligations by the entrepreneur’s counterparties or changes in the conditions of this activity, including business risk.

Form of contract - written.

Essential terms of the contract:

1) insurable interest;

2) insurance risk;

3) sum insured;

4) term of the contract.

Rights and obligations of the insurer:

1) is obliged, upon the occurrence of an insured event, to make an insurance payment within the established period;

2) is obliged to reimburse the expenses incurred by the insured in the event of an insured event in order to reduce losses;

3) have the right to independently ascertain the causes and circumstances of the insured event.

Rights and obligations of the insured:

1) is obliged to pay the second and subsequent insurance premiums;

2) is obliged to report on the circumstances that are essential for determining the likelihood of an insured event and the amount of possible losses from its occurrence;

3) have the right to demand an insurance payment upon the occurrence of an insured event.

62. STORAGE AGREEMENT

On storage agreement one party (the custodian) undertakes to keep the thing transferred to it by the other party (the bailor), to return this thing in safety.

The contract is:

1) real - the contract is considered concluded from the moment the thing is transferred from the bailor to the keeper;

2) consensual - in the case when the agreement of the parties provides for the obligation of the bailee to accept for storage the thing from the bailor within the period provided for by the agreement;

3) mutual;

4) paid - in the case when the agreement provides for remuneration to the custodian for the provision of services for the storage of things, and free of charge.

Parties to the agreement:

1) bailor - any natural or legal person;

2) custodian - citizens (fully capable) and legal entities (if there is a special license for certain types of storage).

subject of a contract form the storage services that the custodian provides to the bailor. The object of the service itself is a variety of things capable of spatial movement.

Form of contract.

Storage agreements must be made in writing:

1) between legal entities;

2) between legal entities and citizens;

3) between citizens, if the value of the thing transferred for storage exceeds at least 10 times the minimum wage established by the state;

4) storage agreements that provide for the obligation of the keeper to accept the thing for storage, regardless of the composition of their participants and the value of the things transferred for storage.

Period is not an essential condition.

Beneficiary's obligations:

1) is obliged to take the thing back after the expiration of the stipulated storage period;

2) is obliged to warn the bailee about the dangerous properties of the thing when depositing the thing;

3) if there is an agreement, he is obliged to pay remuneration;

4) is obliged to reimburse the necessary or extraordinary expenses incurred by the custodian in connection with the provision of storage services.

Guardian Responsibilities:

1) accept the thing for storage;

2) to store the thing for the entire period stipulated by the contract or until the demand of the thing by the bailor;

3) take actions aimed at preserving the thing and (or) its useful properties, at least to the extent that he would take care of the preservation of his things;

4) provide storage services personally, unless otherwise provided by the contract or otherwise agreed with the bailor;

5) not to use the thing transferred by the bailor without his consent;

6) immediately notify the bailor of the need to change the storage conditions provided for by the agreement;

7) to return the deposited thing to the authorized person at the first request.

63. AGREEMENT FOR STORAGE. SPECIAL STORAGE

Warehousing agreement - an agreement according to which the goods warehouse (custodian) undertakes, for a fee, to store the goods transferred to it by the goods owner (bailor) and to return these goods in good condition.

The contract is:

1) real - the contract is considered concluded from the moment the thing is transferred from the bailor to the keeper;

3) mutual;

4) paid;

5) public.

Parties to the contract - custodian and benefactor.

subject of a contract - generic things that are identified for storage purposes.

Form of contract - written.

Storage in a pawnshop is certified by the issue by the pawnshop to the bailor of a personal safe receipt. When depositing a thing, the parties shall value the thing by mutual agreement in accordance with the prices for things of this kind and quality, usually established in trade at the time and place of their acceptance for storage.

The pawnshop is obliged to insure the things accepted for storage in the full amount of their assessment in favor of the bailor at its own expense.

Storage of valuables in a bank is certified by the issuance by the bank to the bailor of a personal safe document, the presentation of which is the basis for issuing the stored valuables to the bailor. The bank acts as a custodian.

subject of a contract - valuables (precious metals and stones, other precious things, including documents).

Storage of valuables in an individual bank safe - a type of agreement for the storage of valuables in a bank, the distinguishing features of which are the place of storage - an individual bank safe (a safe box, an isolated room in a bank), as well as the right of the bailor (client) to independently place valuables in a safe and withdraw them from a safe, for this he must be issued a key to the safe, as well as a card that allows you to identify the client, or another sign or document certifying the client's right to access the safe and its contents.

Storage in the storage rooms of transport organizations is confirmed by a receipt or a numbered token, upon presentation of which the item is issued. The agreement is public, it is concluded with citizens, regardless of whether they have travel documents.

Storage in the wardrobes of organizations.

Features : subject - outerwear, hats and other similar things of a citizen; its short duration; free of charge, although storage can be carried out for a fee.

64. CONTRACT OF TRUST MANAGEMENT OF PROPERTY

Property trust agreement - independent activity, in which one party (the founder) transfers the property to the other party (manager) for a certain period of time in trust management for its management.

This agreement is:

1) real - is concluded from the moment the property is transferred to the management of the manager;

2) compensated - when the amount and form of remuneration to the manager is determined in the contract;

3) free of charge - when the law or the contract provides that the trustee acts free of charge;

4) free - is at the discretion of the parties.

Purpose of the agreement: not only to generate income from property, but also to increase and maintain property in a proper and fit condition.

Parties to the contract - Founder of trust management and trust manager.

Form of contract - written (can be drawn up in the form of a single document signed by the parties, and in the form of an exchange of documents by telegraph, telephone, electronic and other communications).

The contract is considered not concluded if the parties have not come to an agreement on what property is transferred to trust management.

Essential terms of the property trust management agreement:

1) the composition of the property transferred to trust management;

2) the name of the legal entity or citizen in whose interests the property is managed;

3) the amount and form of remuneration to the manager;

4) the term of the contract.

Rights and obligations of the manager:

1) carry out proper management of the property entrusted to him;

2) maintain the property entrusted to him in proper condition, ensure its safety;

3) take the necessary measures to prevent depreciation of the property entrusted to him;

4) is entitled to remuneration, the form of remuneration is different: mainly remuneration in the form of interest from income received as a result of trust management of property;

5) reimbursement of the necessary expenses incurred by him during the trust management of property.

Rights and obligations of the founder:

1) exercise control over the activities of the manager, without interfering in the operational and economic activities of property management;

2) demand from the manager the transfer of income and other receipts received as a result of property management;

3) pay remuneration to the trustee;

4) provide the trustee with the documents necessary for the effective management of property;

5) not interfere with the management of his property.

65. COMMERCIAL CONCESSION AGREEMENT

Commercial concession agreement - an agreement under which one party (right holder) undertakes to provide the other party (user) for a fee for a period or without specifying a period of time the right to use in the user's business activities a set of exclusive rights belonging to the right holder.

The commercial concession agreement is consensual, paid, bilateral.

The subject of the contract A commercial concession is a set of exclusive rights assigned to the right holder and individualizing either him (the right to a trade name or commercial designation) or the goods produced by him, the work performed or the services provided (the right to a trademark or service mark). The subject of the specified agreement may also include other objects of intellectual property, as well as the possibility of using commercial information, business reputation and commercial experience of the copyright holder.

Mandatory component of the subject concession agreement in accordance with paragraph. 1 Article. 1031 of the Civil Code of the Russian Federation is to instruct the user and his employees on all issues related to the exercise of the rights transferred to him by the copyright holder.

The right holder undertakes (essential terms of the concession agreement):

a) transfer to the user the documentation and other information necessary for the exercise of the rights granted to him;

b) instruct the user and his employees on issues related to the exercise of these rights;

c) ensure the execution of the necessary licenses (registration of the agreement in the patent office) and their transfer to the user

The user undertakes (also the essential terms of the concession agreement):

a) use the trade name and commercial designation of the right holder only in a manner strictly defined in the contract;

b) not to disclose confidential commercial information received from the right holder;

c) ensure that the quality of goods produced or services provided is consistent with the quality of similar goods or services produced or provided by the right holder;

d) comply with the instructions and instructions of the right holder aimed at ensuring such compliance;

e) provide consumers with additional services provided by the right holder to their consumers.

The copyright holder bears vicarious liability with the user for providing inadequate quality goods or services. The copyright holder bears joint and several liability in the case when the user is the manufacturer of the right holder's goods.

66. AGREEMENT OF SIMPLE PARTNERSHIPS (AGREEMENT OF JOINT ACTIVITIES)

On simple partnership agreement (on joint activities) two or more persons (partners) undertake to pool their contributions and act together without forming a legal entity to make a profit or achieve another goal that does not contradict the law.

A simple partnership agreement is:

1) consensual;

2) paid - the parties mutually undertake to make contributions to the common cause;

3) both bilateral and multilateral - the presence of a common goal for all comrades allows an unlimited number of persons to participate in the agreement;

4) mutual.

subject of a contract

▪ joint activities aimed at achieving a common goal for all participants.

Essential terms of a simple partnership agreement:

1) on the connection of deposits;

2) about joint actions of comrades;

3) about the common goal for the achievement of which these actions are carried out.

Any subjects of civil law can be participants in a simple partnership agreement.

The procedure for concluding a simple partnership agreement is subject to the general rules on concluding agreements. The procedure for concluding a simple partnership agreement with the participation of three or more persons is specific. In this case, the offer must be communicated to each individual participant and accepted by him.

The form of a simple partnership agreement must comply with the general requirements of the legislation on the form of transactions. In some cases, the legislator establishes a requirement to register a simple partnership as a contractual association of persons.

Each partner has the right:

1) to obtain results from the common cause;

2) to a share in common property;

3) manage the general affairs of the partnership;

4) to receive information about the state of common affairs and common property of partners;

5) refuse to participate in an open-ended agreement or terminate the fixed-term agreement of a simple partnership in relation to himself and other participants.

Partners are required to:

1) to contribute to the common property of partners;

2) participate in the costs of maintaining the common property;

3) incur losses from the activities of a simple partnership;

4) be liable for common debts and obligations to third parties with all their property;

5) conduct business in the common interest in good faith and reasonably;

6) provide other parties to the agreement with complete and reliable information about the state of common affairs and common property;

7) not to disclose confidential information about the activities of a simple partnership to third parties;

8) be liable to partners for damage caused to the common property and activities of the partners.

67. FOUNDING AGREEMENT

Memorandum of association - an agreement of the parties on the creation and operation of a legal entity, expressing the will of all the parties concluding it.

Signs of a memorandum of association:

1) the memorandum of association is aimed at creating collective entities - legal entities;

2) the constituent agreement establishes from the moment of registration of a legal entity a legal relationship not only between those who signed it, but also each of them with the created entity itself;

3) the contributions of the participants (founders) are defined in the memorandum of association.

Parties to the memorandum of association - founders and (or) participants. Founder - a person who participates in the activities of his property and is directly involved in the management of a legal entity. Participant - a person participating in the activity only with his property. The founder and participant may or may not be the same (for example, associate members of an agricultural cooperative).

Subject of the memorandum of association - relations on the creation of a legal entity.

Essential terms of the contract:

1) determination of the procedure for joint activities to create a legal entity;

2) the conditions for the transfer to the legal entity by the founders of their property and participation in its activities;

3) conditions and procedure for the distribution of profits and losses among the participants, management of the activities of a legal entity, withdrawal of founders (participants) from its composition;

4) conditions on the size and composition of the partners’ share capital, the size and procedure for changing the shares of each of the participants in the share capital, the amount, composition, terms and procedure for making contributions by participants, on the responsibility of participants for violation of the obligation to make contributions.

Form of contract - written, with obligatory state registration.

Rights of the parties to the memorandum of association:

a) the right to participate in the management of the affairs of the relevant legal entity;

b) the right to receive information about its activities and get acquainted with the accounting books and other documentation in the manner prescribed by the constituent documents;

c) the right to participate in the distribution of profits, to receive, in the event of liquidation of a business partnership or company, part of the property remaining after settlements with creditors, or its value.

Responsibilities of the parties to the founding agreement:

a) making contributions in the manner, amount, methods and within the time limits stipulated by the constituent documents;

b) non-disclosure of confidential information related to the activities of a legal entity

68. AGREEMENT ON THE CREATION OF A JOINT STOCK COMPANY

Separate norms of the Civil Code of the Russian Federation, as well as the Federal Law "On Joint Stock Companies" are devoted to the agreement on the creation of a joint-stock company.

Agreement on the establishment of a joint-stock company - an agreement of the parties on the establishment and operation of a legal entity in the form of a joint-stock company, expressing the will of all the parties concluding it, which is not a constituent document.

Parties to the agreement on the establishment of a joint-stock company - founders and (or) participants.

The procedure for concluding an agreement on the establishment of a joint-stock company and its form. A joint stock company may arise through the process of creation and reorganization (merger, division, spin-off, transformation and accession). The law stipulates that a company, unless it has more than one founder, is created by decision of the constituent meeting (with one founder, the decision on establishment is made by him). Such a decision should reflect the voting results of the founders, the decisions they made on issues such as the establishment of a joint-stock company, approval of the company's charter, as well as the election of its bodies. At the same time, the very procedure for resolving relevant issues depends on the degree of their significance. While decisions on the establishment of a company, approval of the monetary value of securities, other things or property rights or other rights that have a monetary value used in payment for shares must be made unanimously by the founders, a three-quarters majority of votes is sufficient to elect the management bodies of the company , which represent shares to be placed among the founders of the company.

Form of agreement on the establishment of a joint-stock company - written.

Essential terms of the agreement on the establishment of a joint-stock company:

a) determining the procedure for the founders to carry out joint activities to establish a company;

b) the size of the authorized capital of the joint-stock company;

c) categories and types of shares to be placed among the founders;

d) the amount and procedure for payment of shares;

e) the rights and obligations of the founders in the creation of the company.

Rights and obligations of the parties to the contract:

a) payment of various kinds of expenses, and above all, settlements for the placement of shares;

b) it is forbidden to make transactions that are not related to its establishment before 50% of the shares distributed among the founders are paid;

c) the shares distributed during the establishment of the company must be paid in full within a year from the date of state registration of the company.

69. CALCULATIONS

Расчеты - methods and procedure for the fulfillment of a monetary obligation using funds in the debtor's bank account. There are the following forms of payment:

1) payment orders;

2) under a letter of credit;

3) by collection;

4) checks.

Payment order - an order of the account owner (payer) to the bank servicing him, documented in a settlement document, to transfer a certain amount of money to the recipient’s account opened in this or another bank.

When paying by payment orders the bank takes over on behalf of the payer, at the expense of the funds in his account, transfer a certain amount to the account of the person indicated by the payer in this or another bank within the period provided for by law or established in accordance with it, unless a shorter period is provided for by the bank account agreement or is not determined by the applicable in banking practice, business customs (clause 1, article 863 of the Civil Code of the Russian Federation).

When making payments under a letter of credit, the bank acting on behalf of the payer to open the letter of credit and in accordance with its instructions (issuing bank), undertakes to make payments to the recipient of funds or pay, accept or honor a bill of exchange or authorize another bank (executing bank) to make payments the recipient of the funds or pay, accept or take into account the bill of exchange (Clause 1 of Article 867 of the Civil Code of the Russian Federation).

Differences of the letter of credit form of payment:

1) when using a letter of credit form of payment, the essence of the payer's instruction is not to transfer funds to the recipient's account, but to open a letter of credit, i.e., to allocate funds for settlements with the recipient;

2) the receipt of funds upon opening a letter of credit is conditioned for their recipient (beneficiary) by the need to comply with the terms of the letter of credit, which are determined by its agreement with the payer, and are also duplicated in the instruction of the letter of credit to the bank to open a letter of credit.

When calculating by collection The issuing bank undertakes, on behalf of the client, to carry out at his expense actions to receive payment or acceptance of payment from the payer.

The main difference between collection settlements: the role of the person giving the instruction to the issuing bank to carry out the corresponding banking transaction (presenting the settlement document) is not the payer, but the recipient of the funds, and the instruction itself to the bank is to receive payment from the payer.

Check - a security containing an unconditional order of the drawer of the check to the bank to pay the amount indicated in it to the holder of the check.

70. PUBLIC PROMISE OF REWARD

Public promise of reward - a public announcement of the payment of a monetary reward or the issuance of another reward to the one who performs the lawful action specified in the announcement within the period specified in it, is obliged to pay the promised reward to anyone who performed the corresponding action.

The public promise of a reward is one-sided deal. The promise of reward is made in writing in the form of a notice in the local press, on billboards, or as a regular street notice with the address and telephone number of the person making the statement. Perhaps the promise of an award on television and radio.

oral form a public promise of a reward can also be considered legally binding. The promise of a reward is subject to the rule of paragraph 1 of Art. 159 of the Civil Code of the Russian Federation, which allows an oral transaction in the absence of other instructions in the law, with an oral promise of an award and a dispute arises, it is possible to use all evidence, including witness testimony.

The subject of the public promise of the reward - payment of monetary or other remuneration for the performance of a publicly announced action, in particular, the discovery of a thing or the communication of information, as well as other actions (inaction).

The person who performed the necessary action and those claiming to receive a reward should be considered the one who first brings information about him to the one who announced the reward, even if there were other persons who received the necessary information earlier, but were late in reporting them. If it is impossible to determine the primacy, the award is divided among the persons claiming to receive it in equal shares.

To the person who responded to such a promise and fulfilled it, remuneration must be paidspecified in the public promise of the award. The award is possible in any form: a sum of money, a ticket to a concert of the artist who announced the award, the provision of a counter service. The obligation to pay the reward arises whether or not the relevant action is taken in connection with the announcement made.

If the amount and form of remuneration are not indicated in the announcement, they are determined by the parties themselves, and in case of a dispute - by the court. The guideline should be a rule similar to the find rule: the reward is up to 20% of the value of the item.

Cancellation of a public promise is not possible in three cases:

1) the impermissibility of refusal follows directly or indirectly from the promise;

2) within the period specified for the performance of the action to be rewarded;

3) by the time the promise is cancelled, the rewarded action has already been performed, even if the person who announced the reward is not aware of this.

71. PUBLIC COMPETITION

A person who has publicly announced the payment of a monetary reward or the issuance of another award (payment of an award) for the best performance of work or the achievement of other results (public competition) must pay (give out) a conditional award to the one who, in accordance with the terms of the competition, is recognized as its winner.

The subject of a public competition is better performance of work or achievement of other results. A public competition, which, unlike bidding competitions, ends with the payment of a reward, may also include an obligation to conclude an agreement with the winner of the competition.

Types of public competition:

a) open - the organizer cannot refuse anyone to accept the submitted works or to evaluate the results achieved. This does not exclude the right of the organizer of the public competition to carry out pre-qualification in the form of selection among applicants;

b) closed - a public competition in which the organizer sends an offer to participate to a certain circle of persons of his choice.

Rights and obligations of parties in a public competition.

The person who announced a public competition has the right not only to refuse to hold a competition, as provided for in paragraph 3 of Art. 448 of the Civil Code of the Russian Federation, but also to change its conditions (clause 1 of article 1058 of the Civil Code of the Russian Federation). Both that and another in relation to public competition only before the expiration of a half of term which has been established in the notification for submission of work; moreover, such a notice must be made by all means in the same way that a public competition was announced at one time.

Any person who has completed the work named in the announcement before he became or should have become aware of the cancellation or change in the conditions of the competition, granted the right to demand reimbursement of expenses that he has incurred up to the specified moment. Expenses are considered incurred in connection with the competition and in accordance with its terms, unless the person who announced the public competition proves otherwise (in particular, that the work was done out of connection with such a competition or knowingly does not comply with its conditions).

If the announcer of the competition canceled or changed its conditions in violation of the procedure or deadlines established for this, he is obliged to pay a reward to anyone who performed the work in accordance with the conditions of the competition.

A person who has announced a public competition for the best work of science, literature and art, has a pre-emptive right to conclude an agreement with the author of a work awarded a conditional award on the use of the work with the payment of a certain remuneration to the author.

72. AGREEMENTS ON GAMES AND BETS

Legal regulation of relations related to games and betting is carried out by the Civil Code of the Russian Federation, the Law of November 11, 2003 “On Lotteries”, and the Decree of the Government of the Russian Federation dated July 5, 2004 “On measures to implement the Federal Law “On Lotteries”. Article 1063 of the Civil Code of the Russian Federation establishes that the relations provided for therein are “based on an agreement.”

Games Treaty - an agreement by virtue of which the organizers promise one of the participants to receive a certain win, depending, on the one hand, on chance, and on the other hand, on skill, dexterity, skill, and abilities of the participants in the game. In the game, participants have the opportunity to influence its results.

betting agreement - an agreement in which one of the parties asserts and the other denies the existence of a certain circumstance. The circumstance itself occurs independently of them: the parties only state its occurrence.

The Games and Betting Agreement is:

a) real - is considered concluded from the moment when the players made bets and formed the prize fund;

b) consensual - is considered concluded if the bet is made in the form of a promise to pay a reward in case of loss;

c) compensated - in the case when the prize fund is formed at the expense of players' bets;

d) gratuitous - in order to receive a prize, it is necessary to perform an action that is not related to a property investment;

e) equivalent - the winnings are proportional to the bet made.

Parties to the contract - players. A feature of the subject composition of agreements on games and bets is that a participant in games and bets who does not act on either side is the organizer of games and bets.

subject of a contract - any property not withdrawn from civil circulation. The form of the contract - oral, written. Claims of citizens and legal entities related to the organization of games and betting or participation in them, not subject to judicial protection.

However, other obligations indirectly related to gaming and betting agreements (loan agreement of the loser with another person), as well as those specified in clause 5 of Art. 1063 of the Civil Code of the Russian Federation are not subject to this provision and are protected in the general manner. A winning participant in games (bet) organized in the cases provided for in Article 1063 of the Civil Code of the Russian Federation has the right to submit in court a demand addressed to the organizer who has not fulfilled his obligations under the relevant agreement to pay the winnings, as well as to compensate for losses caused by the violation of the agreement by the organizer of the games (bet). .

Types of allowed casino games:

1) games with a croupier;

2) circular games;

3) games on slot machines.

Author: Rezepova V.E.

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Leave your comment on this article:

Comments on the article:

Alexander
Information material (I / M) is very necessary for students of universities of any direction, because. Today's student is tomorrow's future specialist, who will need to conclude this or that agreement (contract) in real life. It would be nice to indicate in the preamble that this I / M is recommended to be studied, in the order of extracurricular activities.

Elena
It would be nice to make the content of this article in order to first see the structure of the material.

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