Civil contract.

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Kaploukh Victoria

Attorney

Ukraine / Kharkiv

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Publication date: 24.05.2024

A civil law contract (or civil law agreement) is a deed concluded between two or more parties, which aims to establish, change or terminate civil rights and obligations. Such an agreement is an important component of civil law and regulates various aspects of the relationship between individuals and legal entities.

The main features of civil law contracts include:

1. 1. Voluntariness: A contract is concluded on a voluntary basis between parties who have the will to achieve a certain legal result.
   2. Legality: The terms of the contract cannot contradict the legislation of Ukraine.
   3. Equality of the parties: The parties to the contract have equal rights and obligations regarding the terms and performance of the contract.
   4. Equivalence: Civil law contracts usually involve the exchange of equivalent values ​​or services.
   5. Formalization: Contracts can be concluded in writing or verbally, but certain types of contracts require a mandatory written form and may require notarization.

Types of civil law contracts.

1. 1. Sales contracts: Regulate the transfer of goods from the seller to the buyer for a set price.
   2. Leasing contracts: Establish the terms of use of property for a certain fee.
   3. Contracts: They provide for the performance of works or the provision of services for a fee.
   4. Donation contracts: They provide for the free transfer of property or rights from one person to another.
   5. Insurance contracts: Regulate the relationship between the insurer and the insured regarding protection against certain risks.

The main elements of the contract.

• 1. Subject of the contract: What the contract is about (goods, works, services).
  2. Terms of the contract: Define the rights and obligations of the parties, terms of performance, cost and other important details.
  3. Parties to the contract: Individuals or legal entities that conclude the contract.
  4. Liability of the parties: Dispute resolution mechanisms and sanctions for non-fulfillment of the terms of the contract.

Conclusion and execution of the contract.

• 1. Negotiations: The parties discuss the terms of the future contract.
  2. Offer: An offer by one party to enter into a contract.
  3. Acceptance: The consent of the other party to the terms of the offer.
  4. Formalization: Signing the written text of the contract (if required).

Termination of the contract.

1. The contract can be terminated by agreement of the parties, in connection with the violation of conditions by one of the parties, as well as on other grounds provided by the law or the contract itself.

1. 1. Voluntary character: The conclusion of the contract is based on the free expression of the will of the parties entering into legal relations of their own free will, without coercion.
   2. Bilateral or multilateral nature: The contract is concluded between two or more parties who acquire rights and obligations.
   3. Equivalence of exchange: Most civil law contracts provide for the exchange of equivalent values ​​(goods, services, money), although there are contracts of a gratuitous nature (for example, a donation contract).
   4. Availability of rights and obligations: Each of the parties to the contract acquires certain rights and undertakes obligations. These rights and obligations are determined by the terms of the contract.
   5. Legality of the content: The terms of the contract must not contradict the current legislation. A contract concluded in violation of the law may be declared invalid.
   6. Target orientation: The contract aims to achieve a certain legal result (establishment, change or termination of rights and obligations).
   7. Formal certainty: The contract may require a certain form (written, oral, notarized), depending on its type and legal requirements. Some contracts can only be concluded in writing, others can be confirmed by a verbal expression of will.
   8. Mutual consent: To enter into a contract, the consent of all parties to its terms is necessary. Consent must be voluntary and not coerced.
   9. Compensatory or gratuitous nature: Most civil law contracts are compensatory (provide for payment or other compensation). However, there are also gratuitous contracts, such as donations.
   10. Stability: Once concluded, the contract becomes binding and can be changed or terminated only by agreement of the parties or on grounds provided by law or the contract itself.

Lawyer consultation employment contract / employment contract lawyer - These signs help determine the essence of a civil contract, separating it from other legal structures and ensuring proper legal regulation of relations between the parties.

Entering into a civil law contract may be appropriate in many situations, and the decision to enter into one should be made taking into account specific circumstances and goals. Here are some reasons why you should enter into a civil law contract:

1. 1. Clear definition of rights and obligations: The contract allows you to clearly define exactly what rights and obligations the parties have. This helps to avoid misunderstandings and disputes in the future.
   2. Ensuring legal protection: The conclusion of the contract enables the parties to protect their rights and interests. In the event of a dispute, the contract becomes the main document that can be referred to in court.
   3. Predictability: The contract establishes clear terms of cooperation, which allows the parties to plan their activities and avoid unforeseen risks.
   4. Dispute resolution mechanisms: The contract may provide for ways to resolve possible disputes, which greatly simplifies the process of their settlement.
   5. Legality and compliance with requirements: The conclusion of the contract ensures compliance of the transaction with legal requirements. This is especially important in the context of large deals and business operations.
   6. Effective risk management: The contract can provide for risk management mechanisms, distribution of responsibility between the parties, risk insurance, etc.

Examples of situations when it is worth concluding a civil law contract:

1. 1. Business activity: To regulate relations between partners, customers, suppliers and other counterparties.
   2. Property lease: To establish the terms of property use, lease terms, rent and other details.
   3. Contract works: To determine the scope, quality, terms of performance of works and payment for them.
   4. Purchase and sale: To regulate the terms of transfer of goods, payment, delivery and guarantees.
   5. Services: To establish the conditions for the provision of services, their scope, quality and payment.

Why it may be unprofitable to enter into a civil law contract:

1. 1. Excessive expenditure of time and resources: Conclusion and discussion of the terms of the contract may require significant resources.
   2. Difficulty in concluding: Some contracts may require complex legal formalities that require the involvement of specialists.
   3. Limitation of flexibility: Once a contract is concluded, its terms become binding, which can limit opportunities for changes in cooperation.

Advice on concluding a contract:

1. 1. Involvement of a lawyer: Professional legal advice will help to draw up the contract correctly and take into account all the necessary details.
   2. Detailing the conditions: Carefully write down all the terms of the contract to avoid misunderstandings in the future.
   3. Verification of the counterparty: Before concluding the contract, it is worth checking the integrity and reliability of the counterparty.