A contract is an agreement of persons (two or more) on the establishment of certain civil rights and obligations, as well as their changes or termination.
An agreement is a type of transaction in which the mutual expression of the will of two or more parties is expressed. That is, the renunciation of the inheritance, the issuance of a power of attorney is considered a transaction, but not a contract, since in these cases the will of only one person is expressed.
The concept and types of agreements vary depending on the conditions, the number of participants and other circumstances that determine the nature of agreements and transactions.
Types of contracts, depending on the moment the obligations arise, distinguish the following.
The main one - directly gives rise to duties and rights that are associated with the performance of work, services, moving property, and so on.
Preliminary - an agreement on the conclusion of the main contract in the future. It is concluded in the form established for the main agreement, contains conditions allowing to determine the subject and other conditions of the main transaction. It also prescribes the timing of the conclusion of the main agreement.
Types of contracts for the subject in whose favor the agreement is concluded.
In favor of the participants - allows only the participants to demand the execution of such an agreement.
In favor of a third party - establishes that the debtor is obligated to fulfill the claims not of the creditor, but of the third party specified in the document. An example of this type of agreement may be a deposit in the name of another person.
Types of contracts in relation to the rights and obligations of the parties.
One-sided - in it, one side has only rights, and the other only duties. Example: loan or guarantee agreement.
Mutual - all parties are vested with rights and obligations. Example: agreement for the sale, lease, contract, etc.
Types of retaliation agreements.
Compensated - in which the property presentation of one of the parties entails the counter-property presentation of the other party.
Gratuitous - property provision is possible only by one party without a counter provision. For example, a gift agreement, gratuitous use.
Separate agreements may be either onerous or gratuitous, for example, a storage agreement or order.
Types of contracts by the degree of obligatory conclusion
Free - is at the discretion of the parties.
Mandatory - is mandatory for one or both parties, as required by law. For example, a bank account agreement for a legal entity. Among the binding agreements, the so-called public contracts are of particular importance . They are required for commercial organizations.
Types of contracts depending on the time of the legal relationship.
Consensual - is concluded by agreement of the parties, and the rights and obligations under it arise at the time of conclusion of the agreement (in a row, purchase and sale, etc.).
Real - rights and obligations under this agreement are established at the time of transfer of property (loan, storage).
Types of agreements by the number of parties involved in the coordination of conditions.
Mutually agreed - established by all parties involved.
Accession agreements - under such agreements, only one party establishes the conditions. For example, an agreement for transportation, insurance, rental, etc.
The most common individual types of contracts that are most often used in the work of enterprises, firms and organizations of various types of ownership.
The contract of sale is concluded regarding the sale of property or rights.
Donations - regarding the free transfer of property previously owned by the donor.
Hiring - transfer of property for use for a fee.
Leases - provision of property for use and for expanded development for a fee.
Rental - transfer to temporary use without payment.
Loans - paid or free transfer of money with subsequent settlement.
Labor - service for payment.
Contracts - performance of work for a fee from customer materials.
Deliveries - performance of work for a fee from materials of the supplier.
Office - service for a fee (for example, accounting).
Insurance - to deal with the consequences of risks for a fee.