The contract is a legal document, which specifies all the smallest details of transactions concluded between individuals and legal entities.
The contract must necessarily be in writing, if one of the parties is an enterprise or an entrepreneur.
But the text with the heading "Agreement", even if underThere are signatures and seals, it will not be recognized by the agreement in any court, when it is executed without observing the strict rules established by law.
The main difference between the treaty
No document will be recognized as an agreement ifIn it, according to Article 432 of the Civil Code of the Russian Federation, essential conditions of the concluded transaction will not be registered. Essential terms of any contract are:
- conditions on the subject of the contract, which make it possible to uniquely determine this subject-
- other conditions regulated by law or other legal and regulatory acts as essential for transactions of this kind-
-conditions included in the contract at the request of one of the parties for which an agreement is to be reached.
After you have determined the type of transaction and the typeContract, and also found out what substantive conditions will be stipulated in it, it is necessary to draw up a contract taking into account those requirements for its content that define the legislation.
Requirements for the content of the contract
In the contract there should be several sections, allowing to structure its contents. These include:
- introductory part-
- the general conditions in which the subject of the contract is stipulated and prescribed and the conditions for its fulfillment-
- rights and obligations assumed by the parties within the framework of this document-
- the timing of the implementation of the contract and its stages, if they exist,
- the price and procedure of settlements-
- responsibility of each of the contracting parties-
- other conditions-
- detailed requisites and signatures of the parties.
In order to simplify the legal expertise, in the name of the contract it is better to specify the type of transaction: the contract of sale, the lease agreement, etc.
The introductory part indicates the firm name of the parties, their requisites, the name of the position, the names, names and patronymics of the executives, the date and place of the transaction.
In general conditions, it is necessary to clearly defineThe subject of the contract with an indication of its detailed characteristics, which make it possible to uniquely identify it. You can use the description of the subject of the contract, 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 a non-residential premises on the floor.
The rights and obligations of each party should be indicated withTaking into account the specific conditions of the transaction. Try to take everything into account so that failure to comply with the provisions of this section could be interpreted as a violation of the terms of the contract in the event of a trial.
Specify the time and cost of the execution stagesContract and the terms of their payment. In the section "Responsibility of the parties", describe what financial and non-financial consequences are expected by the party that violated its obligations, as well as the terms and procedure for payment, taking into account non-fulfillment or delayed execution. In "Other conditions", you can specify in which court the parties will appeal in case of violation of one and the same conditions of the contract, give a list of application documents.