Essential terms of the contract - the basic category of law of obligations. It affects legal practitioners. The reason is that the absence of properly formulated transaction conditions makes it not only difficult to fulfill. The court on the basis of the claim has the right to question the fact of its conclusion.
What is a contract?
Asking this question, people are a multi-page document with stamps and signatures that many people have worked on. Some transactions are certified by notaries, then (or) they are registered with the Rosreestr or other bodies (traffic police, for example). Citizens complain that concluding an agreement is a red tape.
The notary certification, signatures of the participants, the powers of the signatories - all this matters. We must not forget about the content or conditions. Their absence or incorrect wording has serious consequences. This is especially true of the essential terms of the contract.
Terms of agreement
Transactions or contracts are a set of conditions by which they determine the performance of obligations to each other. Clauses of the agreements or conditions are formulated on the basis of the provisions of the law and the will of the parties.
So, the law offers several options, one of which remains to be chosen or limited to the right to formulate your own version of the condition without regard to the law.
Some provisions cannot be changed, the wording of the law goes into the text of the agreement. If you ignore it, it will still act by force of law. The absence of essential conditions of the contract will entail its recognition as not concluded. From the point of view of the law, this means that the document, despite its presence, does not lead to any legal consequences.
Types of conditions
Legal science and judicial practice suggest the allocation of several types of conditions:
- ordinary;
- random;
- essential terms of the contract.
A usual condition is a provision stipulated by law or other normative act. For example, an approximate water supply agreement approved by the government as part of the organization of water supply and sanitation.
Random conditions are included in the document at the request of the parties and are not taken into account either by model agreements or by law.
The essential terms of the contract in the Russian Federation are a point that deserves special attention.
What are the essential conditions?
The essential terms of the contract are clauses, without which its signing does not matter. The law calls the subject of the contract one of these conditions. The condition may be expressly called material or considered as such by virtue of the provisions of the law. For example, the texts of normative acts state under what conditions the agreement is not considered concluded or valid.
The value of the conditions is determined by the wording of the law. The essential terms of the contract in the Civil Code are mentioned in the norms-definitions giving a definition or concept. For example, one of them explains the concept of a contract or supply, loan. From such norms of the law an understanding is taken which conditions are essential and which are not.
Real estate transactions
Trade in property or individual transactions with cars, apartments, land plots are regulated by a number of acts. They highlight the specifics of the essential conditions of the contract for the sale of certain objects. There are both general provisions and a difference.
An apartment sale transaction highlights the following points:
- description of the subject (taken from the cadastral or technical documentation);
- personal data of participants in the transaction;
- a list of persons for whom the right of residence remains;
- the price of the transaction.
Without the absence of this information, as well as documents confirming them, Rosreestr will refuse to register the transaction.
Car Deals
The regulations of the Ministry of Internal Affairs oblige to enter into the contract the following points:
- information about the place and date of signing the contract;
- information about the car from the technical passport;
- information about the vehicle passport (number and date of issue);
- personal data of participants in the transaction (information is taken from passports).
Delivery contract
Delivery is a contract of a purely commercial nature. Why? Its conclusion is provided between entrepreneurs and commercial organizations. The customer does not purchase the goods for their own use, but for use in their activities, for example, in the production of goods or the provision of services.
What does the law include in the essential terms of the supply contract:
- product description;
- delivery dates;
- the price of the goods.
The design of the contract is designed to transfer a large volume of goods, that is, wholesale. Because of this, the product should be described as detailed as possible. Some contracts are accompanied by a large amount of documentation describing the criteria for the goods.
Delivery item
Thus, when formulating conditions on the subject of delivery, several criteria apply:
- quantity;
- completeness and set of goods;
- quality.
The document stipulates a system for calculating the volume of goods that the customer needs (in pieces, liters, kilograms). Other methods of measuring goods (bag, bottle) can be applied and their volume specified. Some types of goods cannot be measured with high accuracy due to chemical and physical properties, a mark is made on the approximate volume of goods.
A separate nuance concerns the assortment (in form, color, models, other properties of goods).
Completeness means the presence of the elements that the product should consist of, which is typical for PCs, other similar products that are complex, disassembled into parts.
Product quality - its compliance with the criteria established by law or other normative acts (regulations, standards, etc.). An agreement may establish additional quality requirements.
Delivery time
Delivery can be made at one time or according to the established schedule. Usually, the binding is made to the date. Violation of the schedule or other delay gives the customer the right to refuse to accept the goods and demand the previously paid money and an additional amount in the form of forfeit.
The date of fulfillment shall be considered the day when the property was transferred to a warehouse or place specified by the customer or organization providing the delivery of goods (mail, courier service, etc.).
Price
It is not indicated in the law as an essential condition, but such a conclusion is supported by judicial practice, which applies to the provisions on the supply of the general provisions of the contract of sale.
Violation of the rules for calculating the price leads to the recognition of such transactions invalid at the suit of the tax authorities or the FAS. Since the violation is substantial, the clause of the agreement acquires the corresponding significance.
Contract agreement
As in the case of buying and selling, the law provides for the separation of species. The concept of the essential terms of the contract includes various components.
There is a difference between construction and household contracts, the second is partially regulated by consumer rights laws that approve model or model agreements.
The essential terms of the contract are the subject and timing. The second received status thanks to decisions of arbitration courts. More often it concerns disputes between commercial organizations. In the case of citizens, the list is larger (thanks to model contracts).
Construction activities and consumer services directly affect the issue of quality execution of orders. Some authors attribute it to the subject of the contract, while others consider it a separate clause.
Labor law
The Labor Code cannot be considered part of civil law, moreover, it applies to labor relations insofar as. Nevertheless, the Labor Code provides for a number of conditions that are necessarily prescribed in an agreement with employees. To avoid temptations, government agencies have developed a standard form of an employment contract. Similar documents are provided for the conclusion of an employment contract and an agreement on full liability.
So, what is included in the list of essential conditions of an employment contract:
- place of work with the name of the branch or unit;
- an indication of the position in accordance with the staffing table;
- date of admission to work and its completion, if the agreement is temporary or urgent;
- salary scheme, including surcharges, compensation payments;
- work and rest schedule;
- characteristics of harmful conditions, scheme for calculating and calculating payments in connection with this;
- the nature of the work (travels, shift, etc.);
- workplace conditions;
- social insurance terms.
This list is required. The following items may be included if necessary:
- test conditions;
- the obligation to work for a certain period after training paid by the employer;
- household welfare of employees;
- terms of supplementary pension or social security.
Finally
The main conditions are provided for in laws and other regulations adopted by authorities, as well as by the will of the parties to the agreement. Their absence or vague wording leads to the recognition of the contract as not concluded. In this case, the fact of signing the document has no legal consequences.