Everyone constantly makes deals, often without even thinking about it. After all, whether we buy bread in a store or learn English on Skype with a carrier, we become participants in a contractual relationship. In some cases, transactions are concluded orally, in others in writing, and in others, the contract is considered concluded only after its state registration.
Learn about the features of a particular type of transaction should be before it is signed. If the transaction is important and significant, it is better to enlist the support of professionals by subjecting the document to legal examination.
It so happens that the parties did not provide for important points, which, in turn, are not regulated by any dispositive norm. In this case, they will be determined by business customs. True, in the event of a dispute between the parties to the transaction, they will have to defend their position in court.
The validity period as a general rule is established by its parties. They may agree that the terms of the transaction concluded by them apply to previously arising relations, may establish the term for the termination of the contract or not establish it, etc.
Of course, a lot depends on the type of transaction. Taking English lessons on Skype, we become a customer for a transaction on the provision of services, and when buying a TV, we buy and sell. Depending on this, the essential conditions will differ, those without which the contract is considered to be non-concluded.
The law provides for freedom of contract. This means that the parties can agree on anything, even concluding a transaction that is not provided for by applicable law. The main thing is that these agreements do not contradict the law. In this case, we are talking about peremptory (mandatory) standards. Conditions contrary to law are considered void. In some cases, this may lead to the invalidation of the contract itself.
Transactions are different: onerous and free. The latter, for example, include a deed of gift. But, as a general rule, a contract is assumed to be onerous, unless otherwise provided by law, the substance of the obligation or content.
The fundamental regulatory legal act establishing general provisions on contracts and special for certain types of transactions is the Civil Code of the Russian Federation. In addition, the rules governing certain types of transactions contain other federal and local laws.