The need for such a procedure as the conclusion of a contract
To date, it is not possible to imaginethe implementation of any kind of activity without contractual relations. These relations have confidently entered our life. Indeed, almost no one transaction or agreement can not do without such a procedure as the conclusion of a contract. It can be said that all civil law rests on contractual relations and on the rules for concluding various treaties and, as a consequence, on the settlement of these relations.
As a rule, the contract refers to one of thethe most common types of transactions. Basically, this is a strong-willed act. Those. this procedure is carried out with the consent of two or more parties (by their own will). Direct conclusion of the contract takes place in two stages: proposal and consent (offer and acceptance).
The offer can be called clearly expresseda proposal addressed to a specific person (s) with important conditions that will need to be contained in a future contract. Acceptance is the full and unconditional consent to conclude this contract.
Any contract should be drawn upand signed on the condition that there is no pressure from third parties. That is why the legislation registers all the basic requirements that ensure the freedom of contract (art. 4221 GK). An important point is also that any treaty is drawn up in accordance with mandatory norms and legal acts provided for by law.
Given that the conclusion of a contract mayin different circumstances, respectively, and types of contracts are different. And the criteria by which the division takes place depend on this or that situation. It should be noted that the significance of such classifications is quite large, both in theoretical and in practical terms. Classification of contracts allows you to quickly select the right option for solving a particular problem, using all the properties of the selected category.
If we consider the contract from the point of viewthe nature of the movement of material values and benefits, then it is possible to note paid and gratuitous contracts. The difference lies in the fact that in the first case, both parties concluding the contract offer a property justification for the transaction, and in the second case, this grant is made by only one party. As a rule, more paid contracts are used.
But the basic classification implies divisionon the grounds of conclusion of contracts. This can be free and compulsory, while free ones mean concluding them at the discretion of the parties, and mandatory - provide for the fulfillment of obligations by one or both parties. In practice, a free form is often used.
List varieties can be long, it is only necessary to say that contracts can be one-sided and reciprocal, basic and preliminary, and so on.
Conclusion of the contract can be carried out, as inoral form, and in writing. Accordingly, written forms are more significant. There is a certain procedure for concluding written contracts stipulated by law. Each form of the contract corresponds to certain forms and requirements.
The law also provides for this type of conclusiontransaction, under which the contract is concluded on the basis of the tender or auction - the conclusion of the contract at the auction. In this case, the subject of the contract may be any rights or things. Similar options are provided both in the strong-willed aspect, and in cases provided by law (forcibly).
As a rule, before bidding, participantsnotified by a notice, which also indicates the time and procedure for conducting, and also the size of the deposit can be determined. In the event that the bidding for any reason could not take place, and the pledge was made, the latter is subject to return.
Quite often this type of contract is used,as a contract of work. The conclusion of the contract is carried out between the customer of any kind of work or services and the contractor. This type of relationship is provided in art. 702 Civil Code of the Russian Federation. The contract of work specifies the types of work to be performed, the terms of implementation, the terms of delivery, as well as the rights and obligations of the parties that have concluded this contract. In some cases, on the basis of Art. 706 GK, the contractor has the right to attract third parties (subcontractors) to fulfill obligations under the concluded contract. The terms and procedure of payment are prescribed in the contract, as a rule, this is the result of the delivery of work or services in full.