Everyone at least several times in his life is faced with the need to draw up a contract. This can be a contract for the sale and purchase of real estate, an agreement for the provision of any type of service, a marriage contract, etc. To do this competently, without seeking help from lawyers, it is important to know the essential terms of the contract being drawn up.
Instructions
Step 1
According to civil law, you have the right to draw up both a contract described in the Civil Code, and any other or containing the terms of several contracts. It is important that its terms do not violate applicable law. First, decide on the type of contract that you want to draw up. The essential conditions will depend on its type - those conditions that must be included in the contract, otherwise it may be recognized as not concluded.
Step 2
Find in the law what conditions are essential for your contract. If your contract is described in the law (for example, a sales contract or a supply contract), then it will not be difficult to do this. It is enough just to read the relevant articles of the Civil Code and (if necessary) the commentary to it, since the essential conditions cannot always be clearly spelled out in the law. If you draw up another contract, make sure that it clearly defines the clause on the subject of the contract, since it is always considered essential, as well as all those conditions regarding which, upon application by either of the parties, an agreement must be reached.
Step 3
Remember that all the terms of the contract (especially the essential ones) must be stated clearly and unambiguously. If an individual appears in the contract, you must indicate not only his last name, first name and report, but also the date of birth, gender, passport number. When describing a real estate object, indicate its address, cadastral or conventional number, area. Otherwise, it will be difficult to prove in court that a specific person (a specific real estate object) was meant.
Step 4
The terms of the contract depend on its type, but there is a small list of clauses that should be in any contract. This is:
- information about the parties (in the preamble);
- the subject of the contract;
- the term of the contract;
- the price of the contract (if it is onerous);
- rights and obligations of the parties;
- responsibility of the parties;
- force majeure (actions in the event of force majeure circumstances);
- final provisions (jurisdiction, correspondence, etc.);
- addresses and details of the parties;
- signatures.
