Usually, for the performance of a certain work or the provision of services, a contract is concluded which provides for subsequent payment. But in some cases, in order to approximate the result, they resort to a public promise of reward. We will talk about the features of this concept in the article.
General Provisions
Sometimes in the media you can hear or read information, for example, about the disappearance of a child. At the same time, his signs, clothes, age and other information are described. The finder is guaranteed a reward. Similar announcements may occur about pets and other facts. This is the direct public promise of the reward. True, such a promise does not always have legal consequences.
This concept is referred to in Art. 1055 of the Civil Code of the Russian Federation. For appropriate obligations to appear, a promise must have the following attributes:
- Made publicly. This means addressing all individuals, not specific ones. If the promise is given to a specific person or several people, then we should talk about contractual legal relations.
- To be property. A promise must be made in cash or other property that is characterized by a certain value. If it lacks such content, then we should talk about other legal relations.
- Indicate the result. It should be achieved as a condition for the transfer of remuneration. A reward becomes a legitimate action, committed not by a certain, but by different persons.
- The promise of reward is set by specific people.
- A person who responded to a public promise of a reward has the right to require written confirmation of this. Otherwise, he risks being deceived.
If the promise does not contain any of the above signs, then the obligations stipulated by the above article of the Civil Code do not arise.
It turns out that a public promise of a reward is an appeal to undefined persons, implies property compensation for the result. It can be done both orally and in writing, broadcast on radio, television and other media.
Transaction
This promise is a one-way deal. At the same time, the one who promised the award becomes the debtor, and the one who responded to it becomes the creditor. Since the promise is one-sided, it does not give rise to obligations on the part of those to whom it is addressed. And the corresponding rights for the latter appear only upon reaching the result indicated in the promise. The person who made the promise is also considered to be associated only with those who have achieved the corresponding result. Only at such a moment does the obligation appear, as well as the composition of the participants in the transaction.
Composition of the transaction
In accordance with Art. 1055 of the Civil Code of the Russian Federation, the basis for obligations is a complex composition, which includes 2 one-sided transactions. This is directly a public promise of the award and at the same time a response to its result. Both transactions are counter and related. But their implementation does not mean the conclusion of an agreement. The promise of an award is not an offer, since it is conditional and is addressed not to a specific person or persons, but to everyone. In turn, achieving a result is not an acceptance, because it can be achieved by different persons, each of which has the right to receive his part of the award.
Necessary actions
The person who promised the award must give it to the person who performed the necessary action provided for by the announcement.Rewards can be expressed in money or in a certain thing. It can also be impersonal. For example, the phrase "reward guaranteed." If a specific amount is not provided, then the amount is determined by the parties, and in case of a dispute - through the court. This is indicated by paragraph 3 of Article 1055 of the Civil Code.
By law, a reward is promised when a specific and only result is achieved, which is either fulfilled or not. There cannot be a half result. For example, a child is found or not found. You can’t find him twice. In this case, the reward goes to those who achieve the desired result.
It also happens when an action is performed by several people at once, who acted separately. Then the reward is received by the one who reported the result first. This is indicated in paragraph 5 of Article 1055 of the Civil Code. If this cannot be established, then the remuneration is divided equally between these persons.
Payment obligation
Sometimes a person who has achieved the desired result does not know that a reward has been announced for him. However, in spite of this, in accordance with paragraph 4 of Article 1055 of the Civil Code of the Russian Federation, obligations remain from the public promise of the award (in a public competition, which is described below, this is impossible, since in this case the actions are committed consciously). The law requires that the outcome be suitable for the conditions and actions specified in the public announcement. The possibility of receiving the promised reward depends on this. For example, if the person who found the dog returns it to the owner, then if there is a promise made publicly, the owner must pay a reward. However, in its absence, the provisions on stray animals provided for in Art. 230 of the Civil Code of the Russian Federation.
Moreover, the result does not have to be achieved in a certain time. However, when it is established, the action should be carried out within the appropriate framework and the person who promised the award should pay it only during this period.
Cancellation of a promise
The public promise of a civil law award may be revoked by the person who gave it. The exceptions are cases such as:
- When an inadmissibility of a failure follows from an announcement.
- Until the end of the period specified in the announcement.
- If at the time of declaring the refusal, the person or persons have already performed the corresponding action.
The notice of refusal is carried out in the same form as the promise of remuneration. If this rule is not followed, then the person will not be exempted either from his promise or from compensation for the expenses of those who have committed the necessary actions. True, exemption may occur if a person can prove the fact that the costs incurred were directed to activities that initially could not end successfully.
Public competition
A public competition is one type of corresponding promise. In this case, the award is paid to someone who, according to the terms of the competition, will perform the necessary tasks better than anyone and win it. At the same time, the goals should be of general use for such a public promise of reward.
A public competition may be:
- Open. In this case, the organizer invites everyone to participate.
- Closed. In this case, the proposal is sent only to individuals.
It can be organized by any legal entity or individual, as well as state structures or local officials. Competition can be announced in different ways. Its conditions are mandatory and optional.
Conclusion
The contract of public promise of the award has a number of features that are unique to it. This is a one-way deal. A person applying for an award becomes his party only when he reaches a specific result. The result cannot be half. He is either there or not. Upon reaching the result, a person has the right to demand a reward, which was promised publicly in the media.
