A special role in socio-economic life of society play a bilateral (multilateral) transactions — contracts.
Contract — an agreement between two or more persons aimed at establishing, changing or termination of rights and obligations between the parties. A contract is deemed concluded when the parties Express (required by law in the form of) agreement on all the material points.
In turn, the agreements are divided into paid and free. A contract in which one party must receive payment or other counter consideration for the execution of their duties, are compensated. Grant acknowledges a contract in which one party agrees to provide something to the other party without receiving from it any payment or any other counter consideration.
All contracts are divided into available and binding contracts and differed in the grounds of detention.
Free contracts are entirely up to the discretion of the parties. Each of the parties decides: to enter into the contract or not to enter. Most contracts are free agreements. No one can compel the other party to the contract.
Mandatory contracts are the contracts which conclusion is obligatory for at least one of the parties. Among the binding instruments is the so-called public contract. Public contract provided the existing law. Binding a party to a public contract is a commercial organization.
The Civil Code provides many types of contracts. However, the list given in the civil legislation of the Russian Federation of the contracts is not exhaustive, because the Russian Civil code envisages the possibility of conclusion of such contracts, which, although not directly stipulated by law, but not contradicting the General beginnings and sense of the civil legislation.
The activities of any organization is inseparably connected with the conclusion, change, termination of contractual obligations. Contract type, used in everyday business of any organization depends on the legal form and nature of the services rendered, performed works, implementation of various commitments, etc.
Most often, business entities are such types of contracts as:
- of sale;
- provision of services;
- execution of research works, developmental and technological works;
- loan and credit;
An important component of contract work with government (municipal) counterparties of contracts concluded by the procedure of tenders, auctions, filing of applications for quotes.
According to their legal orientation, all contracts are divided into final (main) contracts and pre-contracts.
Final (main) contract directly gives rise to rights and obligations of the parties associated with the movement of material goods perform the job to transfer the goods, provide services, etc.
The preliminary contract — the agreement of the parties on the conclusion of a final agreement in the future. It does not give rise to rights and obligations related to the movement of material goods, but creates other rights and obligations. It gives rise to a duty of the parties to conclude an agreement in the future and the right of each party to claim from the other party to sign the final agreement. This agreement, which is referred to as a preliminary agreement is legally binding. This results in the following: if party a preliminary contract avoids concluding the basic contract, the other party may apply to the court with the claim about compulsion to conclude the contract and claim for all their losses caused by the late conclusion of the basic contract.
To a preliminary agreement to have legal effect, it is necessary that it were agreed on all essential conditions of the basic contract or set the procedure for their approval. If in the preliminary contract agreed all the essential terms of the main contract or the procedure of negotiation, a preliminary agreement comes into effect and gives rise to legal consequences.
In the preliminary contract should set a deadline for conclusion of the basic contract. If the clause in the preliminary contract is missing, it must be concluded within one year from the date of signing the preliminary contract.
Lawyer Alexander Nikitin A. city of Simferopol, if necessary, will consult You, will analyse and will give a legal assessment of Your contract, clarify the civil consequences of signing a contract, You will prepare civil contract, providing for maximum protection of Your interests.