The agreement is a legal document, which stipulates all the smallest details of transactions concluded between individuals and legal entities. The contract must be concluded in writing if one of the parties is a company or entrepreneur. But a text with the title "Agreement", even if there are signatures and seals under it, will not be recognized as an agreement in any court when it is drawn up without observing the strict rules established by law.
The main difference between the contract
Not a single document will be recognized as an agreement if, in accordance with Article 432 of the Civil Code of the Russian Federation, the essential conditions of the transaction being concluded are not spelled out in it. The essential terms of any contract are:
- conditions on the subject of the contract, allowing to unambiguously define this subject;
- other conditions regulated by law or other legal and regulatory acts as essential for transactions of this kind;
- the conditions included in the contract at the request of one of the parties, in respect of which an agreement must be reached.
After you have determined the type of transaction and the type of contract, and also found out what essential conditions will be stipulated in it, you should draw up an agreement taking into account those requirements for its content that are determined by legislation.
Requirements for the content of the contract
The contract should have several sections to help structure its content. These include:
- introductory part;
- general conditions, in which the subject of the contract and the conditions for its implementation are negotiated and prescribed;
- the rights and obligations assumed by the parties under this document;
- terms of the contract and its stages, if any;
- price and settlement procedure;
- responsibility of each of the contracting parties;
- other conditions;
- detailed details and signatures of the parties.
To simplify the legal examination, it is better to immediately indicate the type of transaction in the name of the agreement: purchase and sale agreement, lease agreement, etc.
The introductory part indicates the firm name of the parties, their details, job titles, surnames, names and patronymics of managers, the date and place of the transaction.
In general terms, it is necessary to clearly define the subject of the contract with an indication of its detailed characteristics that allow it to be uniquely identified. You can use the description of the subject of the agreement, which is indicated for each type of transaction in Part 2 of the Civil Code of the Russian Federation.
If the subject of the contract is a real estate object, be sure to indicate its address, cadastral number, if necessary, attach a floor plan if it is an apartment or non-residential premises on the floor.
Specify the rights and obligations of each of the parties, taking into account the specific terms of this transaction. Try to take everything into account so that failure to comply with the points in this section can be interpreted as a violation of the terms of the contract in the event of a legal proceeding.
Indicate the terms and cost of the stages of the contract and the terms of their payment. In the "Liability of the Parties" section, describe what financial and non-financial consequences await the party in breach of its obligations, as well as the timing and procedure for payment, taking into account non-fulfillment or delayed fulfillment. In "Other conditions", you can specify which court the parties will turn to in case of violation of one of the terms of the contract, give a list of documents-attachments.
