Types of contracts. Credit, purchase and sale contract

As the socio-economic sphere of society develops, the need for legal support not only of commercial transactions, but also of civil relations increases. More and more respondents prefer to consolidate their agreements through a contract.

Contract definition

A contract is a written agreement between two or more parties that provides for the observance of mutual rights and obligations. The subject of the contract may be the acquisition of any value (tangible or intangible) for a certain fee or legal regulation of the rights and obligations of the interacting parties.

Contract principles

All types of contracts are based on the implementation of a number of principles, including:

1. Freedom of contractual relations - is based on the voluntary entry of both (all) parties into a kind of transaction, as well as on the free choice of the counterparty, the form and content of the document. Thus, this principle implies the absence of pressure and coercion on the parties signing the contract.
2. Mutual benefit. The basis of the agreement should be mutual benefit. Since each of the counterparties pursues its own goal and benefit, the implementation of the principle is reduced to the search for contract terms that satisfy both (all) partners. Otherwise, the agreement will have to be interrupted.
3. Mutual responsibility. Along with the rights and possible benefits stipulated by partners, the contract contains information on a number of mutual obligations, non-compliance with which entails negative consequences for the offender. In order to avoid damage to one side due to defamatory actions of the other, all types of contracts should include a list of obligations of counterparties and the conditions for resolving conflict situations.
4. Bargain. Practice shows that to a greater extent this principle is used when signing not civil, but economic types of contracts, especially those related to sales and purchase transactions. Bargaining implies the desire of the parties to minimize their costs by putting forward their own conditions for the execution of the agreement.

The main types of contracts

The classification of contracts includes various criteria, but the division is most important from a legal point of view. Depending on the subject of the legal content of the contract, the following types are distinguished:

1. Credit.
2. Purchase and sale.
3. Hiring and rental contract.
4. Labor.
5. Marriage.

From an economic point of view, contracts can be grouped according to various criteria: by validity period (short, medium and long term), by the method of regulation (self-fulfilling, regulated by a third party), by type of agreement (formal, informal), by the number of contractors (individual, collective) according to the degree of standardization (typical, non-standard), etc.

Credit

A loan contract is concluded between the lender and the borrower. The subject of the agreement is the n-th amount of money or other tangible assets, which the borrower agrees to return in a timely manner and in the agreed amount. The benefit to the lender is a monetary reward in the form of interest on the loan.

The conditions include a fixed benefit for both parties, as well as their obligations. A feature of this type of contract is the guarantee condition by which the lender minimizes possible losses in case of unfair behavior of the borrower.The guarantee of fulfillment of the payer's obligations may be his mortgaged property / assets or other conditions (income statement, information on the solvency of the counterparty, etc.). As a loan are both money and real estate or goods purchased in installments.

Sale

The purchase and sale contract implies an agreement on the transfer from one counterparty (seller) to another (buyer) of the right of ownership of the goods or service free of charge. In addition to the object of the agreement, the contract clearly stipulates the type, quantity, price of the asset and method of payment, delivery time and penalties of the party that violated the terms of the contract. Force majeure circumstances that make it impossible to fulfill the terms of the contract are considered in a separate procedure. Both physical and legal respondents can act as parties, and the most common model for today is a legal entity + legal entity. Also, through a sales contract, international trade transactions in various areas of the economy are most often executed.

This category also includes a gift agreement, the object of which is the transfer of property rights, but without paying the price of the price of the goods / property.

Hiring and renting

Mutual agreement regarding the transfer of the right of temporary use of a property category from one side to the other is accompanied by the signing of a rental and rental contract. The most commonly used leased property is residential premises, vehicles for various purposes, equipment, commercial areas, agricultural land, etc. This type of contract is very similar to the commercial one, with the only difference being that the subject of the contract is to be returned to the owner within the agreed time.

Labor contract

Relations between the employer and the employee are regulated through a special document, which indicates the rights and obligations of both parties. An employment contract implies that the applicant performs work in accordance with his official duties and company regulations and receives in exchange for the salary from the employer in the amount specified in the document.

Marriage contract

A special place in civil law is occupied by marriage. Future spouses who want to protect themselves from disputes over the division of property in the event of termination of the union sign a marriage contract. This document is also suitable for those people who do not agree with the regime of the division of joint ownership established by applicable law. It is the contract that allows you to establish other, different from the state orders of property relations between spouses and their children, of course, with their mutual consent.

An interesting fact is that the distribution of property between spouses should be carried out, if not in equal shares, then at least without a significant difference. For example, if a husband is entitled to a noticeably large part of his gain, and a wife - only a small share, then this agreement may well be invalidated legally. It should also be noted that the subject of the marriage contract can only be the material side of the relationship, personal relationships (rights and obligations of spouses) will not be specified in this document.