Most of the transactions are concluded in a contractual form, the parties to which are legal entities or individuals, as well as those that are signed by a legal entity on the one hand, and by an individual on the other. An agreement is a legal document, the execution of which is subject to rather stringent requirements, if not observed, the agreement is not considered concluded.
For the contract to be considered valid, and, therefore, have legal consequences for the parties who signed it, the following conditions must be met:
- both parties have agreed on all the essential conditions of this document;
- if it is provided by law, the contract was registered;
- the form of the contract required by law or stipulated by the preliminary agreement of the parties has been observed.
It should be noted that the observance of all these conditions in the contract, according to legal scholars, is necessary only for the recognition of the contract as valid, but are not necessary for the recognition of it as concluded.
As a result of the disputes, legal scholars came to the opinion that the agreement will be considered concluded from the moment when an agreement was reached aimed at legal consequences, and not from when the listed formal conditions are met. The transaction is considered to have taken place when the parties do not have unresolved disagreements regarding its terms, both those determined by the Civil Code of the Russian Federation, and those that were initiated by the parties.
That is, an agreement can be considered concluded, the form of which, according to Article 434 of the Civil Code of the Russian Federation, meets the requirements for this particular transaction, on all essential terms of which the parties have agreed. The form of the contract can be both oral and written, depending on this, the moment of the transaction is determined. Thus, a retail sale and purchase transaction is concluded orally and the moment when it comes into force is the seller's issuance to the buyer of a sales receipt or other document that serves as confirmation of payment for the goods. A written contract comes into force after it is signed by both parties.
But the moment the contract enters into force may depend on the essential conditions of the transaction - its very object and its value. So, if we talk about the donation agreement, in the case when the value of the gift does not exceed 3000 rubles, it can be concluded orally and enter into force immediately after the transfer of the gift from the donor to the gifted. When the value of the gift exceeds this amount and the donor is a legal entity, the contract must be concluded in writing, and the transaction will take effect immediately after this contract is signed by both parties.
In the event that real estate is donated, the condition for the validity of such a donation agreement is the state registration of the transaction. This means that even if the agreement is concluded at the time of signing by the parties, it will become legally valid only after entering information about it in the unified state register of rights to real estate and transactions with it USRR.