The term of the contract is the period of time during which its norms remain valid for the participants. Consider the rules for calculating the terms in civil law, the moments of the beginning and termination of the agreement.
What it is
The law does not define what the term of a contract is. But more often it is understood as a period of time during which the norms of agreement are valid. In addition, if necessary, the further operation of certain points and obligations is separately agreed upon after the fulfillment of obligations.
Regulation Features
How is the contract validity period of the Civil Code of the Russian Federation regulated? Art. 425 contains the main provisions that are developed by the provisions of the code on specific treaties.
All other regulatory acts in this issue are based entirely on the Civil Code. Freedom of the parties in this matter is limited, for example, they have the right to determine the date of beginning or termination of the agreement, based on options proposed by law. It’s impossible to come up with something of your own.
Agreement clause validity
What you need to consider in order not to get confused in the terms of the contract. In the Civil Code there are rules for their calculation. They are counted in days, months, and years. The start is marked with a specific date or event. If several months are allotted for the execution of the agreement, it shall terminate on the corresponding day of the last month.
If there is no such date, then the last day is the last day of the corresponding month.
Moment of conclusion
The start date of the agreement is important - the rights and obligations, the property status of the parties depend on it. The law offers several options:
- date of signing of the document by representatives of both parties;
- date of making an entry in the register of property rights (applies to real estate and transport);
- coordination of essential conditions by correspondence (the usual signing procedure is excluded);
- entry into force of a court decision to conclude an agreement through a court or register an agreement.
Also, in law, the first day of the term of an agreement is considered an action that is considered the acceptance of the terms of the agreement. For example, a person used the provided service without signing any documents. If the client does not declare disagreement with the fact of the conclusion, and the case does not fall under the exception to the rule, the contract is considered concluded. If everything is clear with the start of the validity period, how to set the end date?
Completion moment
Law and practice distinguish several options for the expiration of the contract of the Civil Code of the Russian Federation:
- Fulfillment of obligations by the parties.
- Termination of the agreement by the parties by mutual agreement.
- Refusal of the party from further cooperation unilaterally, if this right is provided for by agreement or law.
- Termination of the agreement by a court decision (the date is considered the entry into force of a judicial act).
Abandonment and suspensive conditions
The term of the contract in the Civil Code of the Russian Federation is allowed to be tied to the occurrence of circumstances, and not to dates.
Suspending condition - it binds the occurrence of rights and obligations to the likelihood of a specified event.
The conditional condition is related to circumstances that terminate the relationship of the parties to the transaction, and their occurrence is also likely.
If a party facilitated the occurrence or prevented the occurrence of an event, it shall be considered as having occurred or not having occurred, depending on the defendant’s benefit.
If the parties to the agreement agree on events that are bound to occur, the rules on suspensive and derogatory conditions do not apply.
An example of a suspensive condition is that the purchase of a car is tied to receiving a premium by a potential buyer, which may not be given to him.
An example of a conditional condition is the arrival of the owner’s daughter. The apartment was leased before its probable appearance.
Contract extension
What does the Civil Code of the Russian Federation say about prolongation of the contract? There is no general rule in the law. There are only rules relating to specific contracts. Nevertheless, several general rules can be distinguished:
- the agreement is automatically renewed if the parties do not declare their refusal to renew at the appointed time;
- The agreement continues to be valid upon a declaration of extension by at least one party in the established manner.
The participant may be given limited time to perform these actions.
Already individual nuances may relate to certain agreements.
Features of the lease
The term of the lease under the Civil Code of the Russian Federation is determined by the parties or regulations. If the parties to the agreement have not reached a common opinion regarding its validity period, then it is considered to be signed for an indefinite time. It is enough for the party to send a letter of refusal a month before the planned termination of the transaction.
In relation to the land, the maximum rental period is 49 years. If none of the parties has refused the contract, it terminates upon the expiration of the allotted time. If a shorter time period is set, a similar rule works. If the parties have the intention, they sign a new agreement.
The lessee has the right to ask the owner of the property to sign a new agreement with him, if he complied with the previously reached agreements with all good faith. It is permissible to sign a new deal with the amended conditions.
The law stipulates that the tenant's continued use of the property without objection from the owner gives reason to believe that the agreement will be renewed under the same conditions. If the owner of the property does not want to extend the agreement, he sends a letter in advance about the preparation of the property for transfer. Nuances do not end there. For example, the transfer to provisional ownership of territories reserved for large-scale construction.
Agent relationship
How is the term of an agency agreement regulated in the Civil Code of the Russian Federation? The text of the law indicates the right of the parties to refuse it if there is no agreement on the period of its validity. If the agent is declared incompetent in whole or in part, or he is declared bankrupt, the agreement shall terminate automatically.
At the same time, the agent and the principal are subject to the norms of services. The parties are entitled to terminate the relationship at any time, subject to reimbursement of expenses or losses, depending on who initiated the termination of the relationship.
Often the termination of the agreement is not associated with losses or expenses of the party and no settlements are made.
Finally
How is the contract validity period regulated in the Civil Code of the Russian Federation? Art. 425 outlines the facets, more precise regulation is characteristic of the provisions on specific types of transactions. The parties have a certain choice in formulating rules for terminating or prolonging the contract.