Legal encyclopedia. Letter D

CONTRACT

- an agreement between two or more persons to establish, change or terminate civil rights and obligations.

D. - the most common type of transactions. Rules are applied to bilateral and multilateral transactions. The Civil Code establishes the principle of freedom D., which is expressed in giving citizens and legal entities the opportunity to decide at their own discretion on the need for the conclusion of D. if there is interest in it.

The content of AD is the set of conditions on which it is concluded. All conditions are divided into: essential; Conventional; Random.

Essential conditions are recognized that are necessary and sufficient for the conclusion of D. In the absence of at least one of them, D. is not recognized as a prisoner. The terms of essential conditions depend on the specifics of each specific obligation and are determined in special regulatory enactments that

Are devoted to the obligation of this species. In the absence of instructions in the law, the conditions necessary for a given type of AD are considered essential. Essential are all those conditions regarding which an agreement must be reached on the request of one of the parties. This means that, at the request of one of the parties in Denmark, such a condition becomes essential, which is not recognized as such by law or other legal act.

The usual conditions are stipulated in the corresponding normative acts and automatically come into effect at the time of conclusion of D. They differ from the essential conditions in that they do not require a special agreement, they are not necessarily stipulated in D. Including them or not in D. does not affect its conclusion or content.

Random conditions change or supplement the usual conditions. They are included in the text D. at the discretion of the parties. Their absence does not affect the reality of D.

All ADs are classified. Depending on the nature of the distribution of rights and obligations: unilateral (on one side, D. generates rights, and in the other - responsibilities) and bilateral (rights and obligations acquire

Each of the parties).

By the nature of the legal relationship that has arisen: reimbursable (the property presentation of one party causes the counter property presentation from the other side) and free of charge (the property representation is made only by one party without receiving a counter property presentation).

At the time of the emergence of rights and obligations, there are real and consensual D.

Depending on whose interests D. distinguishes D. in the interests of the parties and D. in favor of a third party.

Depending on the legal direction, the primary D. and the preliminary D. are distinguished. The main D. directly generates the rights and obligations of the parties connected with the movement of material goods, the transfer of property, the performance of works, and the provision of services. Preliminary D. is an agreement on the conclusion of D. in the future. Preliminary AD is in the same form as the main AD, must contain the essential conditions of AD and the period during which the main D must be concluded.

If the deadline is not specified, then it must be concluded within a year from the date of the preliminary D. For the parties who have concluded the provisional AD, the conclusion of the basic AD is mandatory.

Publicly recognized by D., concluded by a commercial organization and establishing its responsibilities for the sale of goods, the performance of work or the provision of services, which it in its nature must perform with respect to anyone who applies to it (D. retail sale).