A contract is a concept that is very common in various activities. It is integral to the activities of any lawyer. That is why we will further consider the main types of this document, as well as the main characteristics of the contracts.
General concept
The concept of the contract is presented in regulatory legal acts of various levels, including international ones. In Russian law, it is very detailed in the main part of the Civil Code, which is currently in force. Speaking exclusively in legal language, a contract is an agreement concluded between two or more parties, within the framework of which existing rights can arise or change. In some cases, such agreements are concluded in order to terminate the existing legal relationship.
It should be noted that the concept of a contract closely interacts with the concept of a deal, since by its nature it is a variety of it. That is why in the practice of specialists in the field of jurisprudence it is often possible to meet such an opinion that any contract can be recognized as a transaction, but on the contrary it does not always happen.
Most lawyers equate the concept of a contract with an obligation. What is the relationship between them? First of all, it consists in the fact that the contract involves the establishment of an obligation between the parties. It should be noted that an obligation by its nature can arise only when an agreement has been concluded between the parties.
Legal regulation
The concept and characteristics of contracts are presented in some detail in the main regulatory acts that govern issues related to their preparation and signing. Most civil contracts are concluded in accordance with the requirements presented by the Civil Code. As for the agreements that are concluded between legal entities, as a rule, their regulation is carried out on the basis of the Economic Code, when drafting a contract for hiring and fulfilling certain duties by a person - the Labor Code.
There are separate normative acts, the contents of which prescribe the norms for any particular industry. They can also be used to draw up contracts. As a rule, they are used to conclude agreements of a special nature. Often, such laws are “On Property Rental”, “On Transport Activities”, “On Protection of Rights to Utility Models and Inventions”, “On Copyright”, etc.
Contract Forms
As for the conclusion form, all contracts can be executed in two forms: oral and written. The exact form in which a contract or agreement should be concluded depends directly on what is its main subject.
So, verbally, transactions cannot be concluded in which one of the parties to the contract is a legal entity. Also, those transactions that cannot be made in writing should include those with a total amount of 10,000 rubles or more. The same applies to loan agreements in the amount of more than 1000 rubles, as well as donation, in which the price of the gift is at least 3000 rubles. A donation contract must be concluded in writing if one of the parties to it is a legal entity. The legislator categorically prohibits the use of the oral form for agreements that are concluded in respect of real estate, as well as in the promise to donate.
The legislator also suggests another prerequisite for certain types of contracts - their notarization. As a rule, this applies to all agreements, the subject of which are large material assets, the purchase and sale of large property, as well as the transfer of objects as a gift.
The legislation provides a certain list of types of contracts that can be concluded orally. These include preliminary agreements that follow until the signing of the main contract, as well as the granting of the right to use any work that is set out in a printed publication. In fact, without concluding a written agreement, contracts are implemented for the transportation of people, animals and goods by fixed-route taxis, as well as agency services.
Concluding an oral contract, certain conditions must be met. In particular, they may consist in issuing a standard document, for example, a sales receipt when making a purchase - it will be he who will indicate that the fact of the transaction has taken place. In some cases, any minor changes to the content of the contract or to terminate it completely can also be done orally. In the same way, the main terms of the agreement must also be agreed upon before it is concluded.
So, let us further consider what are the main types, as well as a description of the content of the contracts.
General classification of contracts
It should be noted that all contracts, the options of which are provided for by various areas of legislation, can be divided into several types, depending on various criteria.
By the number of subjects, contracts can be multilateral or unilateral. With regard to multilateral, this type of agreement provides for the participation in the conclusion of an agreement of several entities - two or more. If we talk about unilateral, then they can not be classified as agreements, since this type is, rather, the will of an individual. Vivid examples of such agreements are the will and consent to receive a gift of a particular object.
The main characteristics of the contracts also indicate the possibility of dividing them according to another criterion - at the time of entry into force. So, depending on this factor, they can be consensual, that is, those that acquire all the properties at a time when the parties have reached an agreement on all the conditions specified in the contract. Examples of such may be agreements concluded in respect of a loan, delivery of goods, as well as storage of the main item. The second type of agreement is real. This type includes all those contracts that are considered concluded at the time when the actual transfer of the facility in respect of which an agreement was made.
Another criterion implies their division according to retribution. So, if in the main content of the agreement there is a fact of transfer of material assets, expressed in any form, in return for the provision of a service or object that is the subject of the contract, then this transaction will be called onerous. In the event that this circumstance is not provided, then the contract belongs to the group of gratuitous. A striking example of the second type of agreement is a gift agreement.
Depending on the nature of the concluded agreements, they can be divided into additional and basic ones. It should be noted that in this case the former, as a rule, are derived from the latter and, as a result, cannot act as the main certificate of the transaction without the main act. Specialists in the field of jurisprudence also note that in practice the main contract will not be declared invalid if the additional one is determined. What agreements are in the form of additional ones? A striking example of such is that which is to ensure any obligation prescribed in the main act.
Another criterion for contracts provides for their division into main and preliminary. The peculiarity of preliminary contracts is that they can all be concluded orally, which, as a rule, does not apply to the main ones. In the process of its conclusion, it is necessary to indicate the most important conditions that the main agreement should provide, after which only proceed to the preparation of its draft and signing. In fact, the preliminary contract has a fairly significant legal force, it is also protected legally. In the event that one of the parties by any means begins to shy away from the obligations of signing the main contract by the due date, the second has the full right to file a lawsuit in court about this. However, in this situation it is impossible to oblige the evading party to fulfill the obligation prescribed by the main agreement.
Of course, the broadest is the legal characteristic of contracts, which is carried out depending on the subject matter in respect of which they are concluded. Depending on this criterion, those that provide for the transfer of property can be distinguished, and this action can be carried out both on an ongoing basis (contract of sale) and on a temporary basis (lease). And also, considering the brief description of the contracts presented above, we can distinguish those agreements whose content provides for the performance of work of a certain nature. A striking example of such is the contract, the contract itself can be, for example, construction, to carry out the survey, household.
Special attention should be paid to those contracts, the content of which provides for the implementation of certain services. Conducting a comparative description of the terms of the contracts, one can notice that in agreements of a different type the final result is always provided in the form of material or other benefits. As for contracts that involve the implementation of specific actions to provide services to one of the parties, the fact of a certain act is important in them, and not the result.
Of great importance in legal practice are constituent agreements, which are drawn up before a new legal entity is formed. However, this group of agreements is specific and can be applied solely on a narrow list of issues.
Sale
This type of contract is considered one of the most common. It is an agreement that two parties can enter into between themselves. When describing the contract of sale, it should be understood that this agreement is exclusively reimbursable, that is, it implies the transfer of money or other material values for a particular item, which in its content is called a product. Under this agreement, the object of the contract is transferred from one side to the other, that is, from the seller to the buyer.
In the event that the subject of the sale is a land plot, a residential building or, for example, a large property complex, then in this case the contract must be concluded in writing and notarized.
The general legal description of the contract of sale states that it belongs to the category of consensual. This means that the agreement concluded on a chargeable transfer of property enters into force at the time of the transfer of the item in respect of which the agreement was concluded.
As for the main purpose of the contract, it consists in transferring ownership of the thing that is the subject of the transaction to the person who, in the framework of the signed agreement, is the buyer. This right passes from one person to another only at the time of the transaction and not earlier. In some cases, property that is being disposed of must be legally registered with the user who is its new owner.
The characterization of the contract of sale also refers to its subject. As such, both property and a certain kind of law can act.
Rent
The legal characteristics of the lease agreement state that this agreement is also onerous and implies the provision of any property of one of the parties for temporary use. In fact, the two parties to this agreement are referred to as the lessee and lessor.
The legal characteristics of the contract of employment states that it is considered concluded at the moment when the actual agreement of the parties on all its main provisions has occurred. In the event that this is an agreement signed in respect of a dwelling, it will be considered concluded at the moment when the owner of the property provides it for use.
With regard to the payment of the lease, its description says that the cost of using a thing, real estate or other object that acts as its subject should be measured solely on the basis of what expenses are required for its maintenance. In the event that an agreement is concluded between individuals, the amount of payments may not be indicated in its content, and if the parties are legal entities, the absence of this clause may cause the document to be recognized and, therefore, the transaction concluded to be invalid. As payment by agreement, the parties may provide not only a monetary settlement, but also material, presented in any other values or services. Payment should be made regularly, once a month. however, if necessary, the parties may provide for another frequency of settlement.
As for the legal consequences, the ownership of the property still remains with its rightful owner, despite the fact that the tenant actually uses the thing.
As for the validity period, the description of the lease agreement states that this agreement is urgent. This means that it can be concluded for any period agreed upon by the parties personally.
Insurance
If we talk about the general characteristics of the insurance contract, it should be noted first of all that it is an agreement concluded between two persons, which in its contents are referred to as the insured and the insurer. However, experts in the field of jurisprudence note that in reality a larger number of persons may be parties to the agreement. In particular, they may be the insured parties, as well as beneficiaries.
Considering a brief description of the insurance contract, it should certainly be noted that one of the parties to this agreement is certainly represented by a legal entity, which also has a license of a certain nature. This permission to engage in insurance activities must be issued in accordance with applicable law (Law "On Insurance"). This legal entity can be represented in the form of a company: limited company, with additional liability, full or joint-stock company.
As for policyholders, both legal entities and individuals can play their role. In the second case, the presence of human capacity matters.
When characterizing an insurance contract, it is necessary to clearly limit what may be its subject. As such, both tangible and intangible values can act. In particular, it can be life, health, property, as well as responsibility. Depending on the subject, the type of contracts under consideration in legal practice is divided into personal, property and those that provide liability insurance.
If we talk about the general content of the contract under consideration, it consists in the fact that one party undertakes in a certain order to make insurance payments in the prescribed amount, and the insurer undertakes to pay the amount agreed in the contract if an insured event prescribed by the contract occurs.
Labor
Each time, getting a job, a person is faced with the fact that he is offered the conclusion of an employment contract or, as it is also called, a contract. It should be noted that it can only be submitted in writing. The content of the document indicates that one party to the agreement must perform certain actions related to labor duties, and the other to pay him the work done, that is, to give out wages. The general description of the employment contract refers to the name of the parties to it - they are the employee and the employer.
One of the significant differences of this type of agreement from many others is that the parties to it are not equal, as, for example, in the sale agreement, the characteristics of which are presented above.This is due to the fact that the employee has certain responsibilities associated with the subordination established by the company where it operates, the rules of the order, as well as other requirements that apply within the organization. As for the employer, he also has certain obligations to the employee, but they are not expressed as subordination, but are only in providing something (for example, normal working conditions, social benefits, wages, etc.).
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Shipping
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The peculiarity of this agreement is that it can be concluded exclusively between entities engaged in business activities. If we carry out a comparative description of the contracts, we can also notice that this type of agreement provides for the inclusion in the number of its main provisions of special requirements that are available in the Commercial Code of the Russian Federation. In addition, the norms that are prescribed by other normative acts that are used by the enterprises-parties in their activities may apply.