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Forms of conclusion of the contract. The concept and types of contracts in civil law

The basis of civil law without a doubt can be called its largest institution - contracts. Conclusion forms, compliance conditions and their legal nature as such have been studied by scientists since ancient times. By the way, the definition of a civil contract has not changed since ancient Rome. Indeed, even today, this concept means a voluntary agreement of persons (at least two), from which mutual rights and obligations arise. One can talk endlessly about the essence of the contract as a type of legal transaction, and therefore it is worth dwelling on the most important and fundamental points aimed at establishing, amending or terminating legal relations.

What is a “contract” in civil law: concept, principles

Transactions are concluded daily in any areas of production or private activity. Knowledge of contracts, the concept and types of the most common agreements will allow everyone, even a person not connected with jurisprudence, to obtain a fundamental civil legal basis. Based on the clear interpretation provided by the Civil Code of the Russian Federation, the contract should be considered an agreement between two or more parties. Its purpose is to establish a set of rights and obligations for each participant in the transaction.

The rules and conditions for concluding a contract in any of the forms (oral, written, representative, etc.) do not carry an imperative character. The basic principles for executing agreements are:

  • universality - drawing up a transaction document is possible in any area of ​​civil law relations;
  • dispositiveness - implies the possibility of revising the terms of the contract and voluntary changes;
  • simplicity - the parties to the agreement choose a mechanism for implementing and monitoring the implementation of their obligations.

Varieties of contractual agreements in civil law

According to their purpose and semantic load, the agreements may be different. Some types and concepts of treaties appeared in civil law not so long ago due to the constant updating and improvement of civil legal relations. You can familiarize yourself with the detailed classification of agreements in the second part of the Civil Code of the Russian Federation. contract conclusion formsThe main differences lie not in the form of concluding contracts, but in the legal purpose. The most common and at the same time important are the following types of documents:

  • sales contract;
  • lease, sublease, rental agreement;
  • service agreement;
  • transport contracts;
  • financial transactions;
  • powers of attorney for representation, ownership, management, etc .;
  • other types of civil contracts.

In addition, this classification of civil law agreements is not the only one. At first glance, it might seem that navigating in countless agreements is quite difficult. The agreement reached by the parties may be as follows:

  • primary or preliminary;
  • accepted in favor of participants or third parties;
  • mutual or one-sided;
  • paid or gratuitous;
  • free or compulsory.

In addition, the types of transactions can be distinguished on the basis of the contract conclusion form. It is no secret that the parties are also entitled to come to consensus in an undeclared oral manner. However, some transactions require a contract in writing.

To draw up a contract, excluding minor household transactions, several steps should be taken.Bypassing pre-contractual coordination and stages of preliminary discussion, it is advisable to consider the procedure itself, methods and forms of concluding contracts.

The agreement on the transfer of ownership on the example of the sale of a car

The most striking example of a mutual agreement is a sales contract. If the object of the transaction is real estate, a special form will be required to draw up the document. The conclusion of the contract is governed by Article 454 of the Russian Civil Code and implies legally competent execution of a transaction between a seller and a buyer; it establishes obligations to transfer property into property for a specific cash payment.car purchase and sale contract form

The document is drawn up in triplicate - to a greater extent this is necessary when it comes to a car acquisition transaction. The form of the contract of sale will remain with the seller, and the other two with the buyer. When registering a vehicle in the traffic police, one of the copies is submitted to the inspector along with other documents.

When preparing a document, it is extremely important to indicate the date, city and the exact address of the conclusion of the contract. The terms of sale and the value of the vehicle are also indicated in the agreement. It is advisable to keep a copy of the contract in the future, so that, if necessary, the new owner has the opportunity to argue the legality of the acquisition and use of the machine. The form of the contract of sale of the car contains detailed information (make, model, year of manufacture, identification number, engine type, chassis, registration plates, etc.), which means that this document serves as proof of the legal possession of the vehicle.

Features of the conclusion of a contract offer

Another type of civil agreement is an offer. To complete a transaction of this type, you should familiarize yourself with article 435 of the Civil Code. A feature of concluding an offer contract is its one-sided orientation. The agreement is addressed to a specific person or several citizens. The offer in itself expresses the intention to conclude a transaction with the contract participant with his consent. Thus, the offer is a kind of contract-offer.

Unlike the contract of sale, the offer has a clearly limited validity period. In some cases, the duration of the agreement is determined by the normative legal act, but most often time limits are prescribed in the agreement itself. As a rule, the offer is valid throughout the entire period of waiting for a response from the person to whom it is addressed. contract termsIn addition, the duration of the agreement is influenced by various factors (the subject of the transaction, the period of sending the document to be received by the addressee, etc.).

Public and irrevocable offers, what is the difference?

An offer may be in writing and verbally. The contract implies the immediate fulfillment of obligations if the agreement occurred verbally, without signing the papers. The person making the offer may postpone the implementation of the contract by specifying in advance the period for acceptance and fulfillment.

The standard forms for concluding an offer contract are irrevocable and public. In the first case, the transaction cannot be withdrawn during the period established for the acceptance of the proposal. Sometimes the time frame, additional conditions and circumstances are specified in the offer. When they occur, the timing of the fulfillment of contractual obligations may vary.

The public offer is known to a wider circle of citizens of the Russian Federation. Today, examples of this type of contract are various promotional offers that are addressed to an unlimited number of persons.concept and types of contracts The basis of the offer is an invitation to which the addressee gives voluntary consent on the existing conditions. For example, published advertising about sales of goods with discounts, assortment and cost can be considered a vivid example of a public offer.Thus, the addressee has the opportunity to conclude a civil contract in the form corresponding to the proposed terms of the transaction.

Employment contract: agreement between employer and worker

One of the most controversial forms of concluding a contract is a contract. The concept of this agreement is contained in the Russian codified legislative act on labor, where the labor contract is referred to as a bilateral agreement, one of its participants is the worker, and the second is the organization (enterprise). According to the contract, the employee undertakes to perform certain work in accordance with his professional specialization, experience and qualifications. Drafting a labor agreement is not acceptable verbally, the method of concluding the contract implies the personal presence of the employee and employer.

The contract, which is a measure of protection against the arbitrariness of the head and an unfair attitude to the work of the hired employee, prescribes the position of the worker, his duties and work schedule, as well as the amount of wages, social guarantees. So, the main and additional conditions are considered to be the content of the contract. The first include:

  • place of employment;
  • labor functions of the hired employee;
  • the duration of the fixed-term contract (for example, hiring a full-time employee for maternity leave);
  • guarantees of labor protection and safety;
  • the obligation of the employer to ensure occupational safety at the enterprise.

Additional factors that, if necessary, can be reflected in the contract, include the following:

  • passing an internship or probationary period with an indication of the amount of wages, the beginning and end of the period;
  • part-time job duties;
  • the need for preliminary retraining, continuing education courses;
  • Duration of additional holidays, etc.

What else do citizens and foreigners need to know about the contract?

The procedure and form for concluding an employment contract is regulated by the Labor Code of Russia. To date, entrepreneurs are allowed to hire people who have reached 16 years of age, and in exceptional cases - 15 years of age. Not only citizens of the Russian Federation, but also foreigners can enter into labor relations. At the same time, it is allowed to employ newcomers to entrepreneurs who have a quota for attracting migrants. The use of foreign labor resources is not prohibited by law, but the imperfection of the mechanism for its implementation creates significant barriers to the employment of hired workers who have arrived from abroad.contract form

The contract is drawn up in duplicate and stored at each side. The administration of the institution issues an order to be hired, with which the employed employee must familiarize himself with his signature. An interesting feature of the registration of a worker at the enterprise is that, having actually allowed a citizen to perform official duties, the employer concluded a contract with him. An employment contract has been drawn up or not - the actual permission to work is equivalent to the Labor Code and the execution of an agreement of the required form.

Rental of property and conclusion of an agreement

The most common reason for contacting a notary is the need to conclude a lease. The form of this agreement, as well as the purchase and sale transaction, is regulated by the provisions of the Civil Code of Russia. Unlike the contract, according to which the seller’s property becomes the property of the buyer, the lease has a completely different purpose. By virtue of this bilateral agreement, the lessor guarantees to provide the tenant (tenant) with his own property for temporary use and possession in return for the rent.The multiplicity of types of contract forms is explained by the uncountable variety of possible transaction objects. From this, the following agreements are distinguished:

  • rental;
  • temporary use of a vehicle;
  • long-term and short-term rental of premises;
  • rental of commercial buildings;
  • leasing.

A feature of the transaction procedure is the inclusion in the contract of a detailed description of the leased property. The temporary owner at the end of the agreement agrees to return the property provided in its original condition. Moreover, the income received during the use of rental property is the property of the tenant.conclusion of an offer contract For example, a citizen living in a rented private house has the right to engage in horticulture and agriculture on a land plot adjacent to the house. The grown crop will only become its property, if the right to use this land plot is specified in the lease agreement.

It is worth noting that not only individuals, i.e., average citizens, but also commercial, public organizations, and government bodies can take part in the agreement on temporary use and ownership of other people's property. At the same time, to conclude a lease agreement, the lessor does not need to be the owner if the subject of the transaction is movable property. The laws of the Russian Federation do not establish significant restrictions on the role of a tenant, but, for example, only legal entities can rent an enterprise or conclude a leasing agreement.

To draw up a document requires the presence of both parties to the contract. Most often, a lease is made in writing, although the Civil Code of the Russian Federation allows you to avoid formalities if the subject of the contract is movable property and the lease term does not exceed one year.

Obligations of the parties when concluding a lease transaction

At the request of the temporary owner, the lessor must eliminate any discrepancies in the property described in the contract with the real situation. Otherwise, the tenant has the right to demand from the landlord to reduce the rent or terminate the agreement. It is worth noting that the tenant can pay for the property provided not only in cash. The payment amount paid regularly or at a time is indicated in the contract, but with the mutual agreement of the parties, it can be replaced in whole or in part:

  • share of tenant management results;
  • services provided by the temporary owner of the property;
  • costs incurred by the user of the property in order to carry out repair work.

The parties may terminate the lease agreement either in a judicial proceeding or by mutual agreement. The transaction is automatically canceled if it has expired. Relations between the parties cease in case of reorganization or liquidation of the lessee - legal entity.

Bill of lading as a contract for the carriage of goods

Noteworthy is another type of civil law agreement - a contract for the carriage of goods. The essence of the transaction is the carrier’s obligations to ensure the delivery of the goods entrusted to him at the specified destination and transfer it to the recipient. standard forms of conclusion of contractsIn return, the customer pays for the contractor's service in the amount corresponding to the amount in the contract of carriage. The form for concluding this agreement is regulated by the Civil Code of the Russian Federation, but there are enough information on the specifics of the transportation of goods and contain other legal acts.

Regardless of the type of cargo and transport connection, the main document for the contract is the consignment note. In its absence, the carrier does not accept cargo for transportation. In some cases, it is the presence of a competently executed bill of lading that allows you to consider the transaction completed.When concluding an agreement, an important moment is the responsibility of its participants for the integrity and safety of the transported object - cargo. The formal end of the transaction is printing on the bill of lading on the delivery of goods to the specified destination.

If several vehicles are planned to participate in the transportation process, then each transfer of goods must be preceded by a separate invoice. Being a convenient transaction tool, the bill of lading serves as the simplest form of a civil contract for the movement of goods. Despite the promptness of concluding a transaction and, it would seem, providing a standard service, difficulties often arise in the process of transportation due to the following factors:

  • with a limited shelf life of the transported goods, a certificate showing its quality will be required;
  • in the case when the load is livestock, poultry, other animals - for transportation you will need to obtain a veterinary certificate, as well as a quarantine certificate;
  • for the movement of petroleum products, grain and other products, a quality certificate is required.

According to the established form, the transportation agreement must contain fundamentally important conditions. For example, the essential points are:

  • type of cargo transported goods;
  • availability of a package of supporting documentation;
  • pre-agreed departure route;
  • fuel costs; vehicle maintenance;
  • terms of contract execution;
  • phased shipment if necessary;
  • liability of both parties in violation of the terms of the transaction.

Responsibility and penalties for failure to fulfill the contract of carriage

In the civil law of the Russian Federation, a clear statement of the rights and obligations of its participants is of great importance for the contract. The transportation agreement cannot be called an exception: in case of violation of at least one of the essential terms of the transaction, the responsibility of the guilty party arises. In particular, sanctions are stipulated for the transportation of goods by Russian legislation, and if necessary, participants in the transaction have the opportunity to make additions as agreed. If you take into account the general rules, then the violators face the following types of responsibility:

  • The penalty for late delivery of goods by the contractor is 20% of the transportation fee specified in the contract.
  • The penalty for violation of the terms of loading a freight container is from 1% in the amount of the average daily fee to 5% of the total amount under the contract.
  • Damage to the cargo or destruction due to the fault of the carrier - compensation in the amount of the full value of the goods.

In this case, the responsibility for the performance of the agreement at an inappropriate level can be removed from the guilty party, if there were:

  • natural disasters;
  • emergencies;
  • hostilities;
  • unforeseen restrictions on traffic;
  • Force Majeure;
  • other force majeure circumstances.

Russian contractual practice made it possible to develop a procedure for preliminary approval of certain points of the transaction. In some cases, this helps to avoid disagreements during the execution of the agreement.


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