Individuals have the right among themselves to conclude transactions and contracts in various forms: verbally or in writing (notarial or simple). If legislative acts do not establish the form in which an agreement will be concluded between individuals, the transaction may be concluded orally.
In the same form, any transactions may be concluded whose conclusion occurs during their execution, unless otherwise agreed by the parties. If a notarial or written simple form is established for concluding a contract , then concluding it orally will entail invalidity. By agreement of the parties, transactions concluded in writing in pursuance of the contract may be made orally if this condition does not contradict the law.
In written simple form, an agreement between individuals is concluded by drafting a document in which its contents will be expressed. The agreement must be signed by the parties to the transaction or by authorized persons. By agreement of the parties or the law, amendments can be established that determine the form of the contract (sealed, use of a special form, etc.) and provide for the consequences of failure to comply with these conditions. In the absence of such consequences, sanctions for non-compliance with the written simple form of the agreement may be applied.
If a citizen, due to illiteracy, illness or physical disability, is not able to personally sign an agreement between individuals, then at his request or request, anyone can sign on a document expressing the conclusion of a transaction. Moreover, this procedure should be notarized with an indication of the reasons why the person concluding the contract could not sign it personally.
An agreement between individuals in writing in simple form, with the exception of agreements that require the presence of a notary, must be concluded with the amount of the transaction exceeding ten times the amount of wages (minimum wage). In the same form, contracts are concluded between individuals and companies.
When notarizing the agreements, the contract is signed by a notary or another person whose position gives him the right to commit such acts.
The notarial form in which an agreement is concluded between individuals is used in cases provided for by law. This is mandatory when concluding agreements on mortgages, property pledges, assignment of rights of claim, annuity, wills, issuance of powers of attorney, etc. Notarization can be used by agreement of the parties, even if the law does not require the implementation of this act. The implementation of notarization gives the transaction a greater legal weight, insuring it against possible invalidity. After all, before you sign, the notary must determine the legal capacity and legal capacity of the parties to the contract.
A pledge agreement between individuals is made in writing in simple form. To make such a transaction, the mortgagee and the mortgagor enter into legal relations. The first person is the person who accepted the property as a pledge, the second party provides the pledge. The contract should stipulate the terms for the return of money or property that are the subject of the transaction, as well as the liability of the parties that occurs in case of default.
A very common type is the contract of sale between individuals. These transactions are concluded either orally or in writing in a simple form (with the appropriate amount).