Modern legal relations in the field of civil law is simply impossible to imagine without the institution of contractual obligations. This source of commitment was known back in ancient Rome. Lawyers of that period paid much attention to this institution. It should be noted that due to the activity of ancient Roman scholars in the field of jurisprudence, the institution of contractual relations has developed, which allowed it to be implemented in the legislation of the Russian Federation.
This institution is so large that some concepts that characterize a number of certain legal aspects are ambiguously evaluated even by professional lawyers. Thus, there is an error in understanding this or that concept. A similar situation is typical for the terms “contract” and “contract” today. On the one hand, these are synonyms, on the other hand, completely different concepts, which are characterized by different aspects. In the article we will try to find out the main distinguishing features of these two legal categories of modern civil law in Russia.
The concept of contract and contract in Roman private law
To answer the question of how the contract differs from the contract, you need to turn to the history of civil law, which goes back to the works of ancient Roman lawyers. Obligation law has always existed, and the institution of contractual obligations began its rapid development after the creation of Law XII of the tables.
In Roman private law, a contract was an agreement between two or more parties who had the goal of establishing a binding relationship between themselves. Thus, the contract in Roman law is a synonym for the contract, and quite close. Contracts were the most common source of commitment at the time. An interesting fact is that the word "contract" practically did not exist. Contracts were perceived as agreements. In addition, there were no specific requirements for the form of contracts. Their conclusion was reduced to the observance of a certain ritual, and not legal regulations. In this case, it is difficult to understand how the contract differs from the contract in Roman private law, because these two categories were a single whole.
The concept of the contract, a modern interpretation
If you move a little away from the canons of classical Roman law and pay attention to modern legislation, then article 420 of the Civil Code of the Russian Federation describes the term “contract”. According to this article, an agreement refers to an agreement of a certain number of persons through which they establish, amend or terminate civil rights and obligations.
Moreover, there are requirements for the subject composition of the parties, the form of agreement and other aspects. When concluding a contract, mutual interests of each of the parties usually meet. Also, the concept of a contract may appear in the meaning of legal relationship, document, obligation and legal fact. In order to understand in more detail how the contract differs from the contract, you need to consider the peculiarity of the latter.
Features of the contract
Given the rich history of the institution of contractual relations, the main features of the contract as a source of obligations in modern civil law of Russia should be highlighted. When analyzing the norms of the Civil Code of the Russian Federation, the following aspects specific only to the contract come up:
- versatility (Clause 2, Article 420 of the Civil Code of the Russian Federation);
- freedom of regulation of legal relations (Article 421 of the Civil Code of the Russian Federation);
- the possibility of writing and writing;
- free subject composition;
- significant conditions;
- creation, change and establishment of new legal relations between the parties.
This list is not exhaustive, since the world does not stand still, and people establish a new framework for their existence, which they can regulate by contract. It is the presence of freedom of contract, enshrined in the form of a principle in civil law, that allows us to see how the contract differs from the contract.
Concept of contract
In everyday life, everyone often hears the word "contract", but completely does not understand its meaning, identifying the term with the concept of a contract. It should be noted that the concepts of contract and contract are really similar, but their legal nature is completely different. The legislator has not enshrined a decoding of the term “contract” in any regulatory act, although it uses it in some federal laws, which will be described later. In private Roman law, the contract was used as a synonym for agreement, agreement. But taking into account the principles of business turnover in the modern Russian Federation, the contract has acquired a different meaning. To date, it is customary to consider it an agreement that has a specific subject composition and a mandatory requirement for writing. It follows that the contract is a broader concept than the contract.
Features of the contract based on the norms of Federal Law No. 44
Sufficient clarity about the distinctive aspects of the contract and the agreement is given by the Federal Law “On the contract system in the field of procurement of goods, work, services to ensure state and municipal needs”. Based on the norms of this normative act, it is possible to differentiate the concept of contract and contract. When analyzing this legislative act, the conclusion suggests itself that a contract is a specific type of contract that governs the relations of the parties in the field of supply or the provision of services for state and municipal institutions. Thanks to this interpretation, you can see how the contract differs from the service contract. A contract is a regulator of relations between a state and its citizens on the basis of civil law. The presented aspects are what distinguishes a contract from a contract under 44 Federal Laws.
Contractual relationships in labor law
A comprehensive answer to the question of how the contract differs from the contract is provided by labor legislation. Most often, this document is concluded between the employer and the employee for a certain period. In this case, the contract should always be in writing. It includes the rights and obligations of the parties, extension conditions, compensation for harm, etc. The main difference from the contract is that the latter can be torn apart by either party, and the contract - exclusively by the employer. Today, labor contracts are the most popular labor relations regulator between an enterprise represented by an employer and an employee. This is a feature that clearly shows how the contract differs from the contract for legal entities.
Separate types of contracts
Let us return to the sphere of regulation of relations between the state and citizens. Here immediately a host of questions arise, for example, about how the contract differs from the supply contract.
Indeed, the legal nature of both sources of legal relations is the same. But the range of regulated issues is completely different. A supply contract can be concluded on general rules by any subject of Civil Law, and in the contract there is always an obligatory party - the state. The same aspects apply when we try to find out how a contract differs from a contract of sale.According to the contractual relationship, the sale will be made to satisfy municipal or state interests. And through the contract, any entity has the right to buy or sell something.
Features of the contract as a source of obligations
Given all the above aspects, we can distinguish the most obvious features of the contract, namely:
- one of the subjects will always be a state or municipality;
- there is always a certain period of validity;
- termination occurs only at the will of one side;
- always consists in writing, without which it is invalid;
- the party affected by a contract break always receives compensation;
As in the contract, these features are not exhaustive, because social relations within society are constantly evolving and evolving. Thanks to contracts, it is possible to regulate in more detail the emergence of obligations in the sphere of interaction between the state and citizens.
Conclusion
So, all the presented aspects and characteristic features allow us to find out how the contract differs from the contract. The significant similarity of these concepts does not make them completely identical, since the legal nature and scope of regulated legal relations are completely different.
