In Art. 160, 161 of the Civil Code of the Russian Federation established rules regarding the processing of transactions. The provisions of the first rule apply to documents drawn up both in simple written form and additionally notarized after signing. AT Art. 161 The Civil Code defines the categories of transactions that are completed by issuing an appropriate document. In particular, the usual written form is established for contracts concluded by legal entities between themselves and with individuals, as well as with citizens, if the amount exceeds 10 thousand rubles. The exception is the cases provided for in article 159. Consider further art. 160 of the Civil Code of the Russian Federation with comments.
General Provisions
In paragraph 1 of Art. 160 of the Civil Code of the Russian Federation establishes that a transaction in writing is concluded by drawing up the relevant document. It should contain its contents and present the signature of one or more persons participating in it, or entities authorized by them. Bilateral and multilateral transactions may be concluded in the ways provided for in Article 434 of the Code. In paragraph 1 of Art. 160 of the Civil Code of the Russian Federation also determines that legislation or other normative acts allows the establishment of other requirements that are presented to the document. For example, it may be the need to compose text on a form of a specific form, the presence of seals of subjects, and so on. Regulations may also provide for the consequences of non-compliance with additional requirements. If they are not installed, then the provisions of the document apply. Section 162 Codex.
Point 2 of Art. 160 Civil Code
It establishes a rule regarding the use of the facsimile method of reproducing signatures. It is provided using mechanical copying tools. In paragraph 2 of Art. 160 of the Civil Code of the Russian Federation, a rule has also been defined regarding the use of an electronic signature or other analogue of the autograph of a person participating in a transaction. At its conclusion, these funds may be used only in cases and in the manner prescribed by law, other regulatory acts or an agreement between the parties.
Other features
Paragraph three of Art. 160 of the Civil Code of the Russian Federation established that if a person, due to illiteracy, illness or physical disability, is not able to independently sign a document, at his request the contract may be endorsed by another citizen. In this case, the autograph of the latter must be certified by a notary or other official authorized to perform the corresponding action. Signature certification is carried out indicating the reasons why the entity participating in the transaction cannot do it himself. In cases established by paragraph four of Art. 185.1 of the Civil Code, the autograph of the person confirming the transaction, can be endorsed by the organization in which the person is working, unable to do this on their own, or by the representative of the administration of the inpatient medical institution in which he is being treated.
Clarifications to Art. 160 Civil Code
In the considered norm, it is established that the transaction in writing is concluded by drawing up the relevant document. It is an electronic or paper medium. Moreover, far from all cases it is necessary to draw up a single document. Thus, by virtue of paragraph 2 of Article 434 of the Code, a written contract may be concluded both by processing one paper and by exchange of information carriers.The latter is carried out with the help of facsimile, postal, electronic communication and its other types, allowing to establish with certain certainty that the document comes from a party to the agreement.
Offer and acceptance
If the subject wishes to express an intention to conclude a deal, he sends a proposal to the potential partner. It is called an offer. In this case, the document should definitely express the intention of the subject to conclude a contract with the addressee. The latter, in turn, when accepting the offer (acceptance) can respond both in writing and by performing the actions specified in the offer, within the time period established in it.
Special cases
In some situations, the written form of the transaction specified in Art. 160 of the Civil Code of the Russian Federation, is recognized to be complied with even in the absence of a document (one or more), which includes an offer and acceptance. For example, this takes place during the design of storage facilities. The written form of the agreement will be considered complied with if the transfer of the thing is certified by the issuance of a receipt, secure receipt, certificate of account or other document signed by the receiving person, if such confirmation methods are allowed by legislative or other legal acts or are usual for this type of transaction.
Special requirements
They are set to many written transactions. So, according to Article 786 of the Code, the conclusion of a contract for the carriage of a passenger is confirmed by ticket, handing over by the subject of baggage is a receipt. The forms of these documents are approved in the manner specified in the transport charters and regulations. In particular, Order of the Ministry of Transport No. 120 defines the forms of tickets and receipts used in the provision of services to citizens by rail.
Real Estate Transactions
When committed, the rule of Art. 160 of the Civil Code of the Russian Federation. Transactions with immovable objects are executed in a written single agreement signed by the participants. When selling a company, in addition to this document, an auditor’s opinion, an inventory report, a balance sheet, and a list of company obligations are drawn up. The latter shall indicate all the creditors of the entity, the size, nature and maturity of claims.
Signature on the document
An autograph on the contract is an integral part of the transaction. This action has been carried out since ancient times. An individual - a party to the contract - must put his signature on the document. If it is impossible to do this on his own, he has the right to contact a trustee. The latter, when signing the contract, is obliged to indicate that he acts at the request of the participant in the transaction as a handler. A mandatory condition for the validity of the document will be the certification of an autograph by a notary or other entity that has the appropriate authority.
The mark must indicate the circumstances by virtue of which the direct participant cannot sign himself. According to the provisions of Article 80 of the Fundamentals of Legislation on Notaries, an official confirms the authenticity of the signature on paper, the text of which does not contradict the regulations in force in the country. However, it does not certify the facts that are set forth in the document. The notary only confirms that the signature is set by a specific citizen. According to the provisions of Articles 37-38 of the Fundamentals, the authenticity of an autograph on a document can also be verified by the head of the administration of the settlement, Moscow Region, an authorized official of the territorial self-government body, and employees of the consular post.
Rules for legal entities
Due to the fact that a legal entity accepts civil duties and acquires rights through its authorized structures, the signing of the contract is carried out directly by the head or head of the executive collegial body. In a number of cases, a participant in the company acts as the entity certifying the transaction. The powers of a particular individual signing the contract are established by the constituent documentation.
Additionally
Special rules for transactions are provided for in the power of attorney. According to paragraph 5 of Art. 185 CC, this document on behalf of the organization is provided signed by its director or other person who is endowed with the appropriate authority. At the same time, the company seal is attached to the power of attorney. A document on behalf of a legal entity created on the basis of state or municipal property, granting the right to receive or issue cash and other property values, is signed, except for the head, by the chief accountant.