An agreement can be considered an agreement between two or more persons who are subjects of civil law and have legal capacity, on a voluntary basis. The subject of such an agreement is the occurrence of obligations among the parties to the agreement in relation to each other.
Instructions
Step 1
The Civil Code of the Russian Federation provides for a lot of different types of contracts, but at the same time it indicates that the list of their varieties cannot be called exhaustive. The development of the modern economy and market relations does not stand still, therefore new types of contracts may appear in modern legislation. However, they should not contradict the principles of civil law and the legislation of the Russian Federation, and their subject should not become objects and things withdrawn from civil law circulation or limited therein.
Step 2
There are several classifications of types of contracts in modern civil law. The most common classification is legal. According to her, all contracts are subdivided into final and preliminary. Their main difference is that a preliminary agreement is a preliminary agreement of the parties to the agreement on what, how and under what circumstances the future civil law agreement will be concluded. It does not provide for the emergence of any legal obligations and does not bear a property nature. It bears a different, binding character, since it forces the parties to conclude an agreement in the future. Final, i.e. the main contract, regulates the emergence of legal relations in the field of material goods and the emergence of civil obligations.
Step 3
There is also a classification into unilateral and mutually binding contracts. A unilateral agreement, as the name implies, implies the emergence of obligations only for one side of the legal relationship, while the second is exclusively the bearer of civil rights.
Step 4
On such a basis as compensation, there is a distinction between gratuitous and compensated contractual relations. A compensated contract inherently presupposes property obligations of one party, which are a provoking factor for the emergence of mutual obligations of the same nature. The clearest example of such a contract is the sales contract. A non-repayable contract is an agreement according to which only one party of legal relations is encumbered with property obligations.
Step 5
On the basis of the conclusion of the contract, they are binding and free. Obligatory agreements presuppose a kind of "imposition" of obligations by one of the parties, while in free agreements both parties have unlimited freedom of action.
