Conjugate actions are acts of a person, not verbally or in writing, but specific behavioral acts. They can be very different.
Measures to fulfill the terms of the contract fixed in the offer made by the person who received the offer on time is considered an acceptance (consent to payment), unless otherwise provided by law, other acts or the offer is not specified. In this case, it is believed that the participants in the formed relationship have reached an agreement regarding the significant terms of the contract. At the same time, with this option, in some cases it is rather difficult to determine the will of the person who performs certain actions. In this regard, their conversion into acceptance requires their implementation in accordance with the conditions specified in the offer.
In accordance with the legislation in force previously, the relevant actions were not associated with any legal consequences. This, in turn, put conscientious participants in property relations in a difficult position. Starting the shipment in response to the offer of the counterparty, which subsequently refused to pay for the order, they incurred losses, since the court refused to collect penalties for late payments and losses caused by untimely payment for the products. The refusals were due to the fact that the justice body perceived these relations as non-contractual. As a result, in practice, situations often arose when legal (formally) decisions stopped one or another sphere of civil circulation.
It should be noted that in the case when the parties expressly stipulate acceptance, the conformal form becomes unacceptable. For example, when examining claims arising from a construction contract, the International Commercial Arbitration Court found that the terms of the contract allowed for additional work to be performed in accordance with the order of the customer on the basis of signing the corresponding addendum to the main agreement if they (work) will affect the timing and the cost of fulfilling key contractual obligations. Within the framework of this direct requirement that it be necessary to sign an amendment to amend the scope of work, the court could not recognize the plaintiff's position justified. In accordance with the applicant’s position, the indicated agreements were actually the result of the performed concrete actions by sending to the respondent an offer (proposal) to perform additional work and their acceptance by the defendant in the form of an admission to the construction site of the contractor’s workers.
In arbitration court practice, there is also the question of the possibility of accepting as an acceptance a draft contract, according to which a multiple shipment of products is envisaged over the term of validity, the case when the person who received such a project fulfilled the obligations stipulated only during the first period of its validity. In this regard, it was clarified by the Plenums of the Supreme Arbitration and Supreme Court that the acceptance of the relevant actions by acceptance does not require the fulfillment of the conditions of the offer in full. At the same time, it is enough for the person who received the project to start executing it on the specified conditions and within the prescribed time for its acceptance.
Rarely enough are the relevant actions applied to terminate the contract. In these cases, it is not uncommon in judicial practice to have problems with their proper interpretation.
There are a number of signs that are characteristic of conductive actions. First of all, they must comply with at least some conditions of the contract. The actions in question should not contradict the subject of the agreement as an essential condition. In addition, they must be completed within the time period established for the acceptance of a certain offer.
Property relations (unilateral transactions, including) arise as a result of certain acts. In this case, their correct interpretation is important.