Since the time of the Roman Empire, where Roman private law developed, the institution of contractual relations became one of the most important people in everyday life. For centuries, certain social relations have been implemented in treaties. This institution is interesting in that it regulates only those legal relations that were indicated in it by the parties.
Contract law emerged from the concept of a contract, which, in essence, is an agreement of two parties on the establishment, termination or change of rights and obligations. Depending on the subject of legal relations fixed by the parties in this document, they are divided into several separate types. In the article we will consider the contract for the supply of building materials. Such contracts are a specific branch of the sales contract. Nevertheless, agreements on the supply of building materials have certain legal features. All the
features of contracts for the supply of building materials will be considered and analyzed in the article in order to identify the characteristic differences of this type of legal relationship.
General characteristics of contracts
In the civil law of the Russian Federation, the rules of the institution of contract law are enshrined in the Civil Code. According to article 420 of the Civil Code of the Russian Federation, an agreement is an agreement of two or more persons. In it, they establish, terminate or alter certain rights and obligations. Also, an analysis of modern legislation makes it clear that contracts, contract law is an institution of law of obligations, therefore, the general provisions on obligations are applicable to absolutely any contract.
The parties are free to regulate legal relations based on the principle of freedom of contracts. But it should be noted that the parties can enter into agreements that are not provided for by law, but they cannot contradict the basic principles and conditions of existing laws.
Features of sales contracts
You need to understand the essence and features of sales contracts before characterizing a supply contract. The Civil Code contains information on supply agreements in chapter 30. According to general features (Article 454), through such agreements, one of the parties undertakes to transfer any thing. Another undertakes to accept this thing and pay it by depositing a sum of money. The contract must contain a characteristic of the thing (s). According to article 455 of the Civil Code of the Russian Federation, a sales contract is concluded with respect to the thing that exists with the seller at the time of the direct conclusion of the agreement, or the one that will be acquired, created by the seller in the future. These conditions must be specified in any sales agreement. Other legal nature and conditions are contracts of supply.
General characteristics of supply contracts
Delivery is an integral part of any type of entrepreneurial activity. It allows you to get the necessary goods, raw materials, materials, etc. These relations are regulated in detail by civil law, because they arise almost constantly. In the Civil Code of the Russian Federation, a whole paragraph is devoted to supply contracts, which states the parties, the terms of the contract, obligations and rights of the parties.
The contract provides for the presence of two main parties: the supplier and the buyer. The first undertakes to transfer the goods that he manufactures or buys, within a certain period for their further use in entrepreneurial activity or for another purpose, which should not be connected with family or household interests. It should be noted that the seller must be a person who is an entrepreneur. There is a sample contract for the supply of building materials, which is often called a model one. In this case, the general
terms of delivery apply to this agreement
, and construction materials are only the subject of a contractual relationship.
The rules used in the preparation of the supply contract
The rules of law appearing in the contract are those legal frameworks in which an agreement between the two parties can exist. This framework is regulated by the civil legislation of the Russian Federation. By its legal force, there are two types of norms that can be implemented in supply contracts: mandatory and optional.
Peremptory norms are mandatory. They show the predominant role of law over social relations, which are fixed in the contract. Peremptory norms are implemented without fail and do not depend on the will of the parties. An example of such norms is the obligation of the parties at the time of conclusion of the contract to take into account the essential conditions.
Dispositive norms are directly opposite to imperative ones. They allow you to freely express your will to the parties. Thanks to the dispositive norms, the parties were given the opportunity to significantly expand the supply contract. The form of such an agreement can be supplemented with the necessary conditions for the parties.
Signs of a contract for the supply of building materials
The legal nature of the supply contract has a number of features that other sub-types of purchase and sale agreements do not have. From here we can distinguish the following characterizing aspects:
- First of all, a supply contract is a way of purchasing a certain product, which should be used for business purposes in the future. This aspect is key because without it the legal nature of the agreement is lost.
- The contract for the supply of materials for construction has a special composition of entities. Parties to a supply agreement will always be business entities.
- The essential terms of the contract for the supply of building materials can be supplemented by special (additional) clauses, if they do not contradict the norms of the civil code. This aspect emerges from the general principle of freedom of contractual relations.
There are other features that characterize the supply contract. The Civil Code gives detailed regulation of all stages of the implementation of this type of agreement by the parties.
Subject of the contract
Given the general requirements for all supply contracts that are prescribed in the Civil Code, we can conclude that the supply of building materials is carried out in the same way.
The subject of the contract may be produced or purchased by the supplier. For building materials, the generic characteristics of the subject, as well as movability, are characteristic. The subject of the contract must meet state standards, and all suppliers must undergo special certification, which allows them to manufacture construction materials. If the supplier is the purchaser, then he must have all the necessary documents that confirm the proper quality of the subject of the contract and the rights of the manufacturer.
Terms of the contract for the supply of building materials
When concluding an agreement, regardless of its subject, essential conditions are present in all cases. With their help, legal relations of subjects are regulated, terms are set, rights and obligations are fixed, etc. The peculiarity of the essential conditions is that they are fixed at the legislative level, therefore they must be included in the contract. Along with this, the contract may contain additional provisions that are established by the parties separately. The contract for the supply of building materials must have the following mandatory conditions:
- Product information. Each such clause of the contract contains statements on the quantity, quality, assortment and other features of the supplied building materials.
- The term of the contract for the supply of building materials may be established by the parties at the time of its conclusion, but this condition must be included without fail. Time frames are set within the calendar period or until a specific event, date. The term of the contract helps to clearly establish the delivery process itself.
- Payment and delivery procedure. Payment can be made in the forms specified in the contract, for example, at the time of shipment or by way of payment orders.
Essential conditions must contain any supply contract. The form of such an agreement, in which at least one of the essential conditions is missing, will not have any legal force. In fact, a supply contract without essential conditions is not a contract at all.
Additional terms
The supply agreement may well contain other additional conditions. With their help, those issues are regulated that the parties wish to pay their direct attention to. Their presence in the contract is not necessary, therefore, the parties may not take into account additional conditions at all. In this case, absolutely all provisions that are not significant relate to the category of additional ones, for example:
- responsibility of the parties;
- delivery conditions;
- product packaging, insurance;
- process of transfer of ownership;
- quality building materials that are supplied.
Also, the addition to the contract for the supply of building materials may contain other conditions that, according to the parties, are necessary in the current conditions.
Delivery Procedure
The delivery procedure is specified in the contract in an optional manner, taking into account the interests of the parties. At the same time, the buyer must provide a schedule for the supply of building materials, which will be based on quarterly monthly or other specifications. The presence of a time frame is a prerequisite that contains the supply contract. The supplier in accordance with this schedule agrees to produce a centralized supply of building materials no later than the agreed time. The schedule can be considered accepted if the buyer has no comments.
Form of contract for the supply of building materials
There are no direct instructions in civil law regarding the form of the supply contract. Given this fact, we can conclude that it should be written. Also, nothing is said about whether the written form of the contract for the supply of building materials should be qualified (notarized). In the event that the parties express a desire, the supply contract can be notarized. Any derogations regarding the form that are contrary to civil law cannot take place, otherwise the document will be declared invalid.
Standard contracts for the supply of building materials
Very often, the parties that conclude the contract have questions about the conditions and procedure for its preparation. To avoid such cases, you can always use the sample contract for the supply of building materials.
In this case, it is necessary to take into account the fact that the conditions in such contracts are purely informational, auxiliary. If desired, the parties can in every possible way change the essence of their agreement. A sample contract for the supply of building materials is the foundation, thanks to which the parties will be able to correctly and correctly resolve their interests.
Conclusion
So, the article examined the features, main aspects, a sample contract for the supply of building materials. With the help of this agreement, the parties can establish and regulate among themselves the supply of building materials necessary for carrying out entrepreneurial activity. The contract for the supply of building materials occupies an important place in the institute of contract law of the civil legislation of the Russian Federation.