An agreement in civil law is an agreement between two or more persons on the establishment, amendment or termination of civil duties and rights. The contract may be concluded in notarial, oral and written form.
The will of the parties that conclude the agreement must be coordinated, and not only mutual, that is, it must coincide in content and volume.
Each party to the contract requires a mutual satisfaction.
Legal entities and individuals, as well as various legal entities (municipalities, the state, international organizations) may be parties to the contract.
Such a contract applies in three meanings:
- as a document that records the occurrence of obligations at the will of the participants;
- as a fact that generates obligations;
- as a legal relationship.
A contract for the free provision of services is considered to be gratuitous if one party assumes the obligation to provide something to the other party. Into two groups divide all gratuitous contracts. These are contracts of assignment (alternative gratuitousness), storage and trust management of property. The second group is imperative gratuitous (gratuitous use agreements) and donation agreements.
In order to conclude a contract for the gratuitous provision of services, according to the existing practice of concluding contracts, the usual written form is sufficient. When compiling it involves a legal entity.
In cases where the written form of the contract is not respected, the parties may not use witness statements. If a dispute arises, then written evidence and other evidence may be given. Each of the parties can refuse the contract. It is imperative to inform the other party of this one month before the termination of the contract.
A very common type of such documents is a contract for the provision of free services. It is not difficult to find a sample of such an agreement.
The law prohibits the execution of certain types of gratuitous contracts. The purpose of the ban is to protect the interests of citizens who are incompetent, to prevent violations by public servants, compliance with moral and ethical standards, and to prevent abuse among entrepreneurs.
There are also contracts of a gratuitous nature, which are legal confirmation of a gratuitous transfer of property.
The document entitled "contract for the provision of services" indicate the data that allows you to specify the property that is transferred for free use. If such data are not available, then the terms of the contract will be considered inconsistent, and the contract - not concluded.
Property that is received for free use must be in good condition. It is even possible to carry out major repairs and incur all expenses for its maintenance.
The contract for the gratuitous provision of services involves two parties - the borrower and the lender. The lender is the owner of the transferred property for use or the person who is authorized by the owner of the property or by law to provide the property for use (loan). According to the law, a commercial organization does not have the right to transfer property for free to a person who is a member of its control or management bodies, a leader, participant, or founder.
Any person can act as a borrower. However, in cases stipulated by the borrower or the law, only certain entities can receive something in the loan.
The contract for the gratuitous provision of services implies the existence of certain conditions on the subject of the contract of services, the timing of the provision of services, and the procedure for paying for services.