In accordance with applicable standards, the drafting of contracts must be carried out in strict compliance with the requirements that are valid at the time of the transaction. This provision is of key importance for legal entities. It is fixed in Art. 422 of the Civil Code of the Russian Federation. Consider the article in detail.
The provisions of Art. 422 of the Civil Code
The agreement must comply with the rules binding on the parties established by peremptory norms. This takes into account those provisions that are valid at the time of the transaction. If, after signing the agreement, normative acts are adopted that provide for rules other than those that took place during the execution, the terms of the drawn up agreement remain valid. The exception applies to legal provisions establishing that the validity of the approved new rules applies to previously concluded transactions.
Art. 422 of the Civil Code of the Russian Federation with comments
The norm under consideration is of particular importance not only for relations arising in the framework of transactions, but also for civil law in general. This is due to the fact that its provisions correlate concepts such as contract and law. The principle of freedom to enter into transactions is established by Articles 421 and 1 of the Code. In accordance with them, the content of the agreements is determined by the parties at their general discretion. Together with these norms, certain restrictions on the freedom of contractual relations are established. The key legal factor affecting the will of the participants and the content of the agreements are peremptory provisions.
Subject of norm
It is the ratio of the contract and the law. First of all, it is considered in terms of the impact of norms on the agreement and the relations that arise during its execution. Within this subject of Art. 422 of the Civil Code of the Russian Federation:
- Sets what rules the signed document should comply with. From this definition follows the possibility of establishing norms that the agreement should not contradict.
- Provides a brief explanation of mandatory provisions.
- Establishes the effect of legislative changes on the content of the contract and the legal relationship arising from it. This defines a special rule of action of norms in time.
According to the provisions of Article 156 of the Code, Art. 422 of the Civil Code of the Russian Federation applies to unilateral transactions, since this does not contradict their essence and nature, as well as existing legal acts.
Ratio of categories
The contract and the law act not only as a legal fact and legal norm, they are also regulatory acts that together model the legal relationship. The law is adopted by the rule-making institution within the existing public authority. It regulates the relations of all owners of civil law, which are based on agreements of any relevant type. The contract, in turn, is concluded directly by the entities by expressing their will to satisfy their own interest. He regulates relations that arise solely from his conditions.
Characteristic of imperative
A brief definition is given in paragraph 1 of the commented article. However, the characteristic given in the norm needs some clarification. According to paragraph 4 421 of the article of the Civil Code, the norm is called dispositive, from which participants in legal relations can depart by mutual agreement. At the same time, they regulate their interaction in another acceptable way. The parties to the agreement are entitled to exclude the use of the dispositive norm in the relations between them.
Imperative is a provision from which the parties cannot depart at their own discretion. They also have no right to exclude the application of this rule to the relations that have arisen.
Clause 1 of the article in question defines the circle of acts in accordance with which the drafting of contracts should be carried out. It coincides with the list present in Art. 3 Codex. Moreover, the legislator apparently proceeded from the fact that the subjects should not have even the slightest doubt that the agreement could not contradict the Constitution and federal norms. Indisputable is the fact that the document must comply with the provisions of international agreements.
Additionally
When interpreting the paragraph of the first commented article, attention must be paid to the question of whether the agreement must comply with the legal acts of departments, ministries and other executive federal institutions of power. When conducting a systematic logical and legal analysis, the following conclusion can be drawn: the contract should not, but can comply with legal acts of ministries and other federal bodies. Other regulatory documents, in particular, mean government decrees and decrees of the President.