To conclude a contract, it is required that one of the parties proposes to draw it up, and the other agrees with this action. For this reason, the conclusion of any contract is carried out within 2 stages. The first of these is called an offer. The second stage is acceptance. Next, consider what exactly the moment of conclusion of the contract implies.
More about the offer
An offer is a proposal to conclude a particular contract. True, not every offer is considered as an offer. What is it? An offer is considered an offer that can simultaneously meet the following requirements:
- It must clearly express the intention of a person to complete the transaction.
- Such a proposal should include all the especially important conditions of the future document.
- The proposal should apply to one or several specific participants at once.
In the event that at least one of these conditions is missing, this will not be an offer, but simply a call to it or an invitation. We give an example. When a person on a billboard sees an announcement that they are selling such and such a product that is addressed to an indefinite number of citizens, then this is simply a call for an offer. Suppose it is addressed to an indefinite number of citizens. For this reason, this is not an offer at all. But only a challenge to her. When an offer exists, then as soon as an acceptance is added to it, the contract can be called concluded.
What is acceptance?
Acceptance is consent to conclude a particular contract. Are there any exceptions? Not every agreement to conclude an agreement has the power of acceptance. It must be complete and, no less important, unconditional. In the event that the consent to conclude a transaction on the proposed terms is considered unconditional, then it has the force of acceptance. As soon as this is added to the offer, the document is considered concluded. When there is consent, but on other conditions, then this can be considered as a refusal to conclude a contract or a new offer. Only unconditional consent has the power of acceptance. What is the moment of conclusion of the insurance contract? More on this later.
The party to the transaction who makes the offer is considered the offeror, and the person expressing the acceptance is considered the acceptor. Do not confuse these concepts. Only when the offer is made and acceptance is added to it, the contract can be called concluded. Acceptance with an offer legally connect the offeror with the acceptor. The legal effect of both factors depends on many conditions.
If the addressee does not receive the offer
In the event that the offer was not received by the addressee, the offeror has the right to withdraw it at any time. If it was received by the addressee, then it can no longer be recalled. It also cannot be withdrawn to the provider during the period which was established for its acceptance. That is, the term set for the answer is meant. The bidder, in turn, must wait for a response and unilaterally has no right to withdraw the offer or change the conditions. In the event that he does this, he will be obliged to compensate the opposite party for the losses incurred. Thus, the offer legally binds the offeror, as he has no right to refuse it.
What are the main conditions for concluding a contract?
The conclusion of the contract is the achievement of an agreement by the parties on all important conditions in a legal manner.
If two necessary conditions are met, then the agreement is considered concluded:
- the parties reached an agreement on all important conditions;
- The agreement complies with the requirements in its form that are presented to such agreements.
The will of each of the parties (expression of will) must be expressed.
Traditionally, there are 2 situations when drawing up an agreement:
- “Present” parties enter into an agreement;
- "Missing" parties.
Certain stages also stand out.
Stages of the contract between the parties
In both cases, similar stages are distinguished:
- offer or offer;
- its acceptance or acceptance.
The sequence of stages has no legal significance in those cases when there is direct contact between the parties when signing the contract (its result is the signed text of the agreement on both sides). Between the “present” the process of registration does not require such careful legal regulation.
Mandatory resolution of issues
When the conclusion of the contract occurs between the "absent", this process will require a special solution to the following issues:
- Is it possible to withdraw the proposal by the party making it;
- assessment of the agreement in principle from the other party to conclude the contract, while the conditions will be slightly different;
- from the moment of sending or upon receipt of the notice of acceptance of the proposal, the agreement will be deemed executed;
- whether the proof of execution is the consent to the proposal received (sent) outside the time limit specified in the proposal.
The moment of conclusion of the contract
What does this concept mean? This may include:
- The moment when the person who sent the offer received an acceptance (the moment of conclusion of the contract of sale).
- The moment of transfer of property rights, if such transfer is provided.
- For 3 persons - the moment of registration of the contract, if necessary.
The moment of conclusion of the contract is considered the time when it comes into force. The only exceptions are cases where it is provided by the parties that the terms of the agreement drawn up by them apply to their relationship as well, which arose before the conclusion of the contract. Other legal consequences are associated with this procedure:
- it is then that the legal and legal capacity of the persons who have drawn up the contract is established;
- its compliance with the requirements of the law is determined;
- the place of his imprisonment is revealed, which is important in the foreign economic turnover.
And what is the moment of conclusion of a lease?
A lease agreement, which is executed for a long period (at least 1 year), is subject to state registration and is considered concluded after that. This is important because confusion often occurs.
That is, the moment of conclusion of the contract directly depends on the form of the contract.
And what about insurance? The insurance contract is considered effective when the insurance premium has been paid. Since that time, he is considered a prisoner.
At what point should, for example, be a period of 5 years? Since the conclusion of the contract? Signing it? Or from the moment of registration of the contract, i.e., its entry into force? The term must be counted from the date of signing the agreement.
Mandatory contract signing procedure
This procedure is applied in cases where the conclusion of an agreement is mandatory for at least one person. The following two options are possible:
- In the first case, the offer is sent by a citizen, for whom the conclusion of the contract does not appear to be mandatory. In this situation, the other party, for which the transaction, on the contrary, is obligatory, must, within a month from the moment of receipt of the offer, consider it and forward it to the opposite person. In such a situation, the agreement will be concluded on the terms that were in the offer.
- The second thing that the second party can fulfill if it does not agree with the conditions is to draw up a protocol of disagreements. After that, he is sent to the provider.
The protocol of disagreement is a two-part document. The first write the terms of the agreement that were proposed in the offer.The second part is offered by the acceptor on points with which the party does not agree.
It so happens that the offer is sent by the party for which the transaction is strictly binding. In the event that it is sent by the obligated person, the other has the right to perform one of the following actions within thirty days:
- Send acceptance notice. Only then will the agreement be deemed executed on the terms that are reflected in the offer.
- Send a notice of refusal to complete a transaction. Then the agreement will be considered not concluded, since for this party this is not mandatory.
- Send the provider a protocol of disagreements. In this situation, the person who received the protocol is obliged to notify the other party of the acceptance of the conditions within a month. After that, the contract will be deemed executed. But only on those conditions that reflect the protocol of disagreements. In some situations, a party may apply to the court forcing them to conclude an agreement.
- As part of the latter, complete silence is considered. The party that received the offer, which is not required to draw up an agreement, is silent. In this situation, the contract will be considered not concluded, since for this person the transaction is not necessary.
We examined what is the moment of conclusion of the contract.