The contract is a legal document which sets out all the fine details of the transactions concluded between natural and legal persons.
The contract must necessarily be in writing, if one of the parties is a company or an entrepreneur.
But the text with the title "Agreement", even if ait bears the signatures and stamps will not be recognized by the contract in any court, when it is issued without complying with the strict rules laid down in law.
The main difference between the contract
No document will not be recognized by the contract, iftherein, in accordance with Article 432 of the Civil Code of the Russian Federation will not be spelled out the essential terms of the bargain. The material terms of any contract are:
- The conditions of the subject matter of the contract that uniquely identify this predmet-
- Other conditions regulated by law and other legal and normative acts as essential for transactions such roda-
-conditions included in the contract at the request of one of the parties in respect of which agreement must be reached.
Once you have identified the type of transaction and the type ofcontract and found some essential conditions will be stipulated in it, should draw up a contract in view of the requirements for its content, which determines the legislation.
to the content of the contract requirements
The contract should be several sections that allow to structure its content. These include:
- Introductory part-
- The general conditions, which stipulated and prescribed subject of the contract and conditions of its vypolneniya-
- The rights and obligations assumed by the parties as part of this documentation
- Terms of performance of the contract and its stages, if they have-
- The price and the order raschetov-
- The responsibilities of each of the contracting supporters
- other conditions-
- Detailed details and signatures of the parties.
To simplify the legal review, in the name of the contract is better to specify the type of transaction: sales contract, lease agreement, etc.
The introduction of the specified company name the parties, their details, job title, name, surname and patronymic of the head, the date and place of the transaction.
In general terms must be clearly definedsubject of the contract, indicating its detailed characteristics that 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.
If the contract is the subject of property, be sure to specify the address, cadastral number, if necessary, attach a floor plan if it is an apartment or non-residential premises on the ground floor.
The rights and obligations of each party to entertaking into account the specific conditions of the transaction. Try to take into account all that failure to comply with this section, the items could be interpreted as a breach of contract in the event of litigation.
Specify the time and cost of performing the stepscontract and the terms of payment. In the "Responsibility sides" describe what financial and non-financial consequences await the party in breach of its obligations, as well as the timing and method of payment, taking into account the non-fulfillment or delayed fulfillment. The "other conditions", you can specify which court will address the parties in the event of a breach of these terms and agreement, give the list of documents applications.