Today it is not possible to imagine the implementation of any kind of activity without a contractual relationship. These relationships have confidently entered our lives. And indeed, almost no deal or agreement is complete without such a procedure as concluding a contract. We can say that all civil law rests on contractual relations and on the rules for concluding various agreements and, as a result, on the settlement of these relations.
As a rule, an agreement refers to one of the most common types of transactions. Basically, this is a volitional act. Those. this procedure is carried out with the consent of two or more parties (of their own free will). The conclusion of a contract proceeds in two stages: proposal and consent (offer and acceptance).
An offer can be called a clearly expressed proposal addressed to a specific person (s) with important conditions that should be contained in a future contract. Acceptance is full and unconditional consent to conclude this contract.
Any contract drawn up must be drawn up and signed, provided that there is no pressure from third parties. That is why the legislation spells out all the basic requirements that ensure freedom of contract (Article 421 of the Civil Code). An important point is also that any contract is drawn up in accordance with peremptory norms and legal acts prescribed by law.
Given that the conclusion of the contract can be carried out in different circumstances, respectively, the types of contracts are different. Moreover, the criteria by which the division occurs, depend on a particular situation. It should be noted that the significance of such classifications is quite large, both in theoretical and practical terms. Classification of contracts allows you to quickly find the right option to solve a particular problem, using all the properties of the selected category.
If we consider the contract from the point of view of the nature of the movement of material values and goods, then we can note paid and gratuitous contracts. The difference is that in the first case, both parties to the contract offer a substantiation of the transaction, and in the second case, this provision is made by only one party. As a rule, onerous contracts are used more.
But the main classification implies a division on the basis of the conclusion of contracts. These can be free and obligatory, while the free ones imply their conclusion at the discretion of the parties, and the obligatory ones provide for the fulfillment of obligations by one or both parties. In practice, free form is more commonly used.
It is possible to enumerate varieties for a long time, it is worth saying only that contracts can be unilateral and mutual, basic and preliminary, and so on.
The conclusion of the contract can be carried out both orally and in writing. Accordingly, written forms are recognized as more significant. There is a certain procedure for concluding written contracts provided for by law. Each type of contract corresponds to certain form and requirements.
The law also provides for a type of conclusion of a transaction in which an agreement is concluded based on the results of a tender or auction - conclusion of an agreement at tenders. In this case, the subject of the contract may be any rights or things. Such options are provided both in the volitional aspect and in cases provided for by law (by force).
As a rule, before bidding, participants are notified by a notice, which also indicates the dates and procedure, and can also determine the size of the deposit. In the event that the bidding could not be held for any reason, and the deposit was paid, the latter shall be returned.
Quite often, this type of contract is used as a contract. The conclusion of the contract is carried out between the customer of any kind of work or services and the contractor. This type of relationship is provided for by Art. 702 of the Civil Code of the Russian Federation. The types of proposed work, the terms of fulfillment, the deadlines for delivery, as well as the rights and obligations of the parties to this contract are specified in the contract. In some cases, under Art. 706 of the Civil Code, the contractor has the right to attract third parties (subcontractors) to fulfill obligations under the contract. The terms and procedure for payment are prescribed in the contract, as a rule, this occurs as a result of the completion of work or services in full.