The financial and economic activities of organizations and entrepreneurs are based on contracts. In practice, there are often situations when it is required to establish the moment when the parties have mutual obligations, and the date of the conclusion of the contract is not indicated in the text or is indicated in paragraphs with different numbers.
Instructions
Step 1
The main rule for determining the date of the contract is established in Article 433 of the Civil Code of the Russian Federation: the contract is considered concluded at the moment the person who sent the offer receives its acceptance within the period specified in it or established by law. In other words, the date of signing the agreement by the party to which the proposal for cooperation was sent, and the notification of the initiator is the date of the conclusion of the agreement. The notification can be oral, written, or expressed by the beginning of the fulfillment of obligations under the contract.
Step 2
Use the following models for determining the date of the contract: - if the date occurs in the "header" of the contract and next to the signatures of the parties, take into account the latest one; - if the text contains a direct indication of a specific date of entry into force of the contract, refer to it in the documents; - if it is impossible to set the date according to the text of the agreement, determine the moment of the beginning of the fulfillment of obligations by the parties - it will be considered the date of the conclusion of the agreement.
Step 3
For a number of agreements, the date of conclusion is the moment when the thing or money is transferred: for a loan agreement or credit agreement - the date of delivery or transfer of money to the borrower's current account, for a storage agreement in a warehouse - the date of acceptance of the thing at the warehouse, for an insurance agreement - the date of payment of the insurance premium or its first part.
Step 4
A special group is made up of contracts subject to state registration. In this case, only the date of state registration of the transaction in the register matters, therefore, when resolving disputes about the date of the conclusion of the mortgage agreement or, for example, the assignment of the right of claim, pay attention to the stamp of the registering authority. The same rule applies to contracts that require notarization: the contract is considered concluded on the day the notary creates a certification inscription.
