Subjects and objects of civil law turnover are so diverse that it is not possible to combine them into a single list. Civil legislation is constantly being improved in order to more detailed regulation of legal relations formalized by an agreement. An analysis of the laws in force allows us to highlight the general requirements for the procedure for drawing up a civil law contract.
Instructions
Step 1
An agreement is an agreement between two or more persons on the establishment, change or termination of civil rights and obligations (Article 420 of the Civil Code of the Russian Federation).
Step 2
When drawing up a civil law contract, it is necessary to determine which conditions are mandatory for this type of legal relationship by virtue of the law, and which ones need to be fixed in the contract due to their importance for you and your counterparty.
Step 3
So, for example, for a sales contract, the conditions for the product, its price, etc. are mandatory. An agreement that does not contain conditions that must be present in it by law will not have legal force as not concluded.
Step 4
The terms of the agreement, which the parties have determined for themselves as essential, although the law does not oblige them to be included in the contract, become binding for them, precisely by virtue of this agreement.
Step 5
Usually civil - law contracts include the following sections:
- preamble (names of the parties, date and place of imprisonment);
- the subject of the agreement;
- the term of the agreement, the timing of the fulfillment of obligations
- responsibility of the parties;
- settlement of disputes;
- details of the parties, etc.
Step 6
The number of copies, as a rule, coincides with the number of parties to the contract.
Step 7
When concluding civil law contracts, it should be remembered that to give some of them legal force, it is enough to formalize in a simple written form. However, for certain types of contracts, state registration with authorized bodies is mandatory, without which the agreement will be considered invalid and not entailing legal consequences (for example, a lease agreement for a period of more than a year or a party to which the legal entity is, is subject to mandatory state registration).
