Obligations from unilateral actions: public promise of rewards, public competition, games and betting

Along with bilateral agreements, unilateral transactions are concluded within the framework of civil turnover. In the first case, the subjects enter into a relationship on the basis of mutual expression of will. As a rule, obligations arising from unilateral actions are assigned only to the person committing them. In some cases, entities by virtue of such a transaction receive certain rights. Let us further consider what constitute obligations from unilateral actions.

The concept

The main feature of the relations under consideration is the fact that for the implementation of certain conditions of the transaction additional facts or circumstances are necessary. For example, in order to claim a reward for the issue of the missing item, it is necessary to find it and deliver it to the owner. Obligations from unilateral actions may be created for others by force of law or by agreement. The corresponding rule is secured by Article 155 of the Civil Code. Obligations from unilateral transactions - a set of actions to be performed by a person in the presence of a complex of legal facts. They form the composition of the relationship.

Characterization of obligations from unilateral actions

The legal composition of the relationship involves the sequential completion of several unilateral transactions. The key here is the original contract. Thus, obligations from unilateral actions :

1. They are a consequence of a conditional transaction acting as the main legal fact.
2. They are realized in the presence of additional legal circumstances that together form the composition of the relationship.

Classification

The Civil Code secures various types of obligations from unilateral actions . Their features, in particular, reveal the articles:

1. 1055. This rule provides for a public promise of reward . It is an announcement of the payment of a fee or the award of a prize to someone who fulfills the condition contained in the offer. Of course, it must be legal.
2. 188. The first paragraph of this norm provides for the cancellation of a power of attorney by the entity that issued it.
3. 578. Clause 1 provides for the cancellation of a gift.

One of the common unilateral actions is the preparation of a will. Some types of transactions are governed by federal laws. So, the Federal Law No. 138 of 2017 establishes the rules in accordance with which various raffles are held, including the state lottery .

Remuneration Announcement

A public promise of reward must be made in writing. Typically, a message is published in local print media or on forms for information stands. An ad may also be a regular ad. The message shall indicate the conditions for receiving the reward, the address and telephone number of the subject offering the reward. The law also allows for oral announcement. Obligations from unilateral actions are regulated in this case by article 159 of the Civil Code. Clause 1 allows oral transaction, unless otherwise specified in the law. When a dispute arises, subjects can use all evidence, including the testimony of witnesses.

Subject

It is the payment of remuneration. It may be monetary or otherwise. To receive remuneration, another person must perform certain actions or omissions. For example, it can be a discovery of a thing or a message of some information. The subject who has taken appropriate actions and is counting on receiving a reward is considered to be the one who is the first to bring the necessary information to the organizer. The moment of receipt of information by persons interested in the award does not matter. It is important when they are transferred to the entity that announced the reward. In case of impossibility to determine the primacy, the award can be divided between the applicants in equal proportions.

Pay

The main obligation of unilateral actions related to the announcement of remuneration for fulfilling the conditions set forth in the proposal is, in fact, the provision of money or other things. The latter, for example, may include a concert ticket. The reward may be the provision of a counter service. In this case, the obligation to pay arises regardless of whether the appropriate action has been taken in connection with the announcement or irrespective of it. If the form and amount of remuneration are not indicated in the announcement, they are established by the parties or by the court. Guided by this follows the rule of discovery. In accordance with it, remuneration should be up to 20% of the value of the thing.

Important points

The law provides for cases when a public promise of remuneration cannot be canceled:

1. If the announcement indirectly or directly implies the inadmissibility of refusal.
2. During the period named for the fulfillment of the established conditions.
3. At the time of cancellation, the appropriate action was completed. Refusal is not allowed even in the case when the person who announced the remuneration was not aware of the fulfillment.

Article 1057 of the Civil Code

This rule provides for a public competition . Article 1057 states that the entity that has announced the payment of remuneration for the best performance of the work or the achievement of another result should give a prize to the one who is recognized as the winner. A public tender has some features that distinguish it from the transaction described above. However, they have some common features. Among them are the following symptoms:

1. Obligations arise from unilateral actions.
2. The announcement is addressed to an indefinite number of subjects.
3. Aimed at achieving useful goals.
4. The list of persons entitled to submit an announcement is unlimited.
   

Nuances

The legislation provides for two types of competition: open and closed. In the first case, the announcement is addressed to an indefinite circle of persons. Accordingly, any entities may be allowed to participate. A private event involves individuals selected by the organizer. An open competition may be determined by the preliminary selection (qualification) of participants.

Ad Content

The notice of the competition must contain conditions in which:

1. The essence of the task.
2. The procedure and criteria for evaluating the results.
3. Place, deadline.
4. The form and size of the award.
5. Dates, order of announcement of winners.

Change of conditions

The subject who announced the tender may amend its conditions or cancel the event altogether. Legislation allows this only in the first half of the period established for the provision of work. Cancellation or amendment of the conditions can be carried out in the same way that the tender was announced. If a person violates the rules, he must pay remuneration to all who have completed the work, if it meets the stated requirements. In addition, the law obliges these persons to reimburse the expenses that they incurred in connection with the fulfillment of the conditions of the event before they should or became aware of the change or cancellation. If the subject of the event is the creation of a work of art, science, literature, and the conditions do not establish a different order, the organizer gets the priority opportunity to draw up an agreement with the winning author on the use of the result of his work with the provision of appropriate remuneration for it.

Federal Law No. 138

As indicated above, this Law governs the rules of the lottery. It is considered a game in which one subject (operator) raises the prize fund, and the second - the participant - gets the opportunity to win if it is recognized as the winner on the basis of the established conditions. The conclusion of the contract is carried out on a voluntary basis. It is made out by providing a ticket (including electronic), a receipt or other similar document. It must be attended by a combination applied at the manufacturing stage or by the participant in the drawing. The state lottery is organized by an executive body authorized by the Government, by the decision of which it is being conducted. The duration of the draw should not exceed five years.

Disputes

In the field of gambling betting is very common. It is a win-win agreement based on risk and signed by two or more entities with each other or with the organizer. The outcome of the dispute depends on an event whose probability of occurrence is unknown. This agreement does not apply to unilateral transactions. Accordingly, the rules of article 1063 of the Civil Code apply to it. Obligations in which the property benefit of the participants depends on a probable or accidental event, the occurrence of which leads to material gain of one entity and losses from another, are called alert.

Design Features

Bets, unlike games, are concluded with respect to a circumstance determined by agreement. As a rule, they relate to the presence of a corresponding fact in the past or present, or the occurrence of an event in the future. For example, participants can argue about a winner in a football match. What separates the subjects is that they make opposing judgments about one event. Moreover, no participant can influence the result. Accordingly, the competitiveness of the parties is excluded initially.

Legal opportunities of participants

The legislation provides for the right of a party to demand in court the fulfillment of an obligation related to a dispute in cases where:

1. The corresponding statement comes from the person who took part in the event under the influence of violence, deception, threat or within the framework of a malicious agreement between the representative and the organizer.
2. The demand is presented by entities that have won in sweepstakes, lotteries, other games held by the state, the region of the country, the Moscow Region or persons authorized by an authorized municipal or state agency.
3. An application related to participation in a stock exchange or other similar transaction is subject to defense in court. At the same time, at least one of the parties should be a legal entity that has a license to carry out banking operations, conduct professional activities in the securities markets or execute transactions on exchanges.

The relationship between entities involved in disputes and games is based on an agreement (1063 article, paragraph 1 of the Civil Code). A bilateral transaction is risky almost exclusively for the person who responded to the offer. This is due to the fact that the size of the prize fund is less than the size of contributions.