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Paid contracts. Classification of contracts

A contract is an agreement of two or more persons. It establishes, terminates or changes civil relations. A contractual satisfaction is usually required from each party in the contract. Organizations and citizens can act as subjects. paid contracts

Varieties

Among the main types, the following agreements can be distinguished:

  • Purchase and sale.
  • Men.
  • Rentals.
  • Storage.
  • Contracting.
  • Annuities.
  • Loan and loan.
  • Transportation.
  • Giving.
  • Hiring and so on.

Classification

Contracts may be:

  • Preliminary. Such documents are not considered binding and act as an agreement of the parties on the conclusion of a basic contract in the future. They are the result of preliminary negotiations.
  • The main ones. Such agreements give rise to obligations and rights.
  • Additional. These agreements are concluded pursuant to the main agreements and are closely related to their subject.
  • Named. They have a direct indication in the Civil Code. For example, these are sales contracts.
  • Unnamed - they are not listed in the Civil Code (outsourcing agreement). paid service contract
  • Consensual. For their conclusion, the consent of the parties with the terms named in the provisions of the law or recognized as material is sufficient. Such documents become effective from the moment of signing.
  • Real. For their conclusion, you need not only the consent of the parties to the terms, but also the transfer of the subject matter of the agreement. Such documents receive power from the moment you receive the item.
  • Mixed, including several items.
  • Simple, containing conditions for one object.
  • Multilateral, in which more than two participants.
  • Bilateral - between two sides.
  • In favor of third parties.
  • Mutual, in which the obligations and rights of the parties arise simultaneously. Such documents are considered the most common in practice.
  • In favor of the parties to the agreement.
  • Accession agreements. In such documents, conditions are defined by one participant.
  • Mutually agreed upon, in which duties and rights are agreed between the parties.
  • Public, concluded on the same terms with all participants. At the same time, the entrepreneur acts as one of the parties.
  • Non-public. reimbursable contract sample

Paid contracts

Civil relations are also subdivided depending on whether the party that has fulfilled the terms of the agreement will receive a counter-grant (payment) or not. A contract for the provision of services does not necessarily imply equivalence. A counter offer may be expressed either in the form of a monetary amount (counter price) or a product / work. In these cases, under the contract for the provision of services, the contractor is obliged to fulfill the conditions. In this case, the second party must provide a fee. If one participant fulfills the conditions without receiving anything in return, the contract is called gratuitous.

The legislative framework

Within the framework of certain civil law relations, certain rules apply. Some rules of the Civil Code contain direct indications of onerous contracts. For example, in Art. 685, paragraph 3, it is provided that the agreement for the sub-lease of residential premises is concluded with a counter provision. In Art. 572 there is an indication of gratuitous gift contracts, and in Art. 689 - use (loans). For some agreements, a counterclaim is not presumed. So, for example, in Art. 1016, paragraph 1, there is an indication that remuneration to managers is paid if it is provided for in the trust deed. paid service agreement with an individual

Guarantee

The conditions in art. 972 Civil Code.In accordance with it, reimbursable assignment contracts may be concluded, as well as without counter provision. The former takes place when the agreement concerns the implementation of entrepreneurial activities by the participants. In other situations, according to the rule of Art. 972 Civil Code, assignment contracts are assumed to be free. In these cases, the principal can pay a fee. However, this is permitted if provided for in legislative acts or in an agreement.

Loan

As a general rule, upon receipt of such funds onerous contracts are concluded. But in some cases, agreements can be interest-free. For example, if:

  1. It consists of an amount not exceeding 50 times the minimum wage and does not apply to at least one participant in entrepreneurial activity.
  2. By agreement, the borrower shall transfer things determined by patrimonial characteristics, but not cash.

Upon receipt of loans, onerous contracts are always concluded. In this case, a prerequisite is the payment of interest on the transferred amount. under a contract for the provision of services, the contractor is required

Storage

In this case, a contract of onerous services with an individual may also be concluded. Storage is provided for in Art. 886 Civil Code. The article does not directly indicate that it should be carried out with the obligatory counter provision. The transfer of something in return may be provided for by agreement (under Article 891) or legislation (for certain types). For example, in Art. 907, the contract for the provision of services for warehouse storage is expressly provided for, and in Art. 920 - in a pawnshop. This category also includes agreements in which one of the parties is an organization that carries out this activity professionally.

Paid agreement: sample

Like any similar document, this agreement must contain the required details. These include, in particular:

  1. The name of the contract.
  2. Place and date of conclusion.
  3. Details of the parties.

The agreement shall indicate the subject of the contract and information about it. For example, if this is a storage agreement, you must specify the name of the property, its quantity, units, total cost. The agreement establishes the conditions for the transfer of the facility, the provision of services, the delivery of goods, and so on, as well as the time frame by which this must be fulfilled. The parties also establish the payment procedure. The contract also defines the obligations and rights of the parties, responsibility for violation of the conditions. The agreement may provide for additional clauses. Details of the parties are usually given at the end of the document. Under them, the parties affix their signatures (and stamps if this is a legal entity).


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