Legal Encyclopedia. The letter P

WRITTEN FORM OF TRANSACTIONS

- A form of the transaction, which is done by drawing up a document expressing its content and signed by the person or persons to commit the transaction, or duly authorized persons.

Bilateral (multilateral) transactions may take place through the exchange of documents by mail, telegraph,

telex, telephone, electronic or other communication that allows reliably establish that the document comes from a party to the contract. The written form of the contract is considered to be observed if a written proposal to conclude a contract made.

Law, other legal acts or agreement of the parties may establish additional requirements to be met by the form of the transaction (commission to form a specific shape, sealed, etc.) And set out the consequences of non-compliance. If such

the consequences are not provided, the parties in the event of a dispute is not entitled to rely on the testimony.

Making transactions using the facsimile reproduction of the signature, means of mechanical or other copying, digital signature or other analogue of a handwritten signature is permitted, but only in the cases and in the manner prescribed by law, other legal acts or agreement of the parties.

If a citizen due to physical disability, illness or illiteracy can not personally subscribe to, then at his request the transaction may sign other citizen. Signature of the latter must be certified by a notary or other official having the right to perform a notarial act, stating the reasons due to which commits the transaction could not sign her own. However, on receipt of wages, the remuneration of authors and inventors, pensions, allowances and scholarships, citizens' deposits in banks, correspondence and letters of their signature of the commission, who signed the deal, may also be certified

organization, which is working citizen who can not personally subscribe to, or administration of the inpatient treatment institution in which he is being treated.

The law provides for different types of PF C. Thus, the transaction can be made in writing (Art. 161 of the Civil Code) or a notary (Art. 163 GKRF).

In writing, except for transactions requiring notarization, should be committed to the transaction:

1) legal entities among themselves and with citizens;

2) transactions between citizens for an amount greater than five times the minimum wage, and in the cases stipulated by law - regardless of the transaction amount.

In writing, regardless of the amount to be contracted rent, surety, mortgage and other. Compliance with the simple written form is not required for transactions which, in accordance with Art. 159 of the Civil Code may be made orally.

Failure to comply with a simple PF S. deprive the parties of the right in case of dispute

refer to confirmation transaction and its conditions for testimony, but do not deprive them of the right to give written and other evidence. In cases specified by law or agreement of the parties, failure to comply with a simple PF C. entails its invalidity. Failure to comply with a simple written form of a foreign trade transaction involves

invalidity of the transaction.

Notarization of the transaction, guided by art. 163 of the Civil Code, is carried out by the commission on the matter according to the requirements of the PF C, certifying text notary or other official having the right to perform a notarial act. Notarization of the transaction

It carried out by public or private notaries according Fundamentals of RF legislation on notaries on February 11, 1993

Notarization of transactions necessary in the cases specified in the law and in the cases stipulated by agreement of the parties, even though by law for transactions of this type, this form is not required.

Failure to observe the notarial form of a transaction shall entail its invalidity. In cases where the

one of the parties fully or partially executed transaction requiring notarization, and the other party evades such license transaction, the court may at the request performed the transaction parties to recognize the real deal. This subsequent notarization of the transaction is not required.