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Subject of the contract for the provision of paid services. Let's consider the types of essential terms of the Russian Federation contract; the subject of the contract is


Compliance with legal norms in force on the territory of the Russian Federation is the key to successful legal relations. To avoid disagreements between the customer and the contractor, it is necessary to be legally correct.

Any legal relations in the Russian Federation are regulated by the norms of current legislation. The provision of various types of services is no exception, and to ensure the legal rights and interests of the parties, an agreement for the services provided is concluded.

Such an agreement, like any other contract, has its own characteristics, characteristics, legal regulation, subject matter.

When concluding an agreement, the parties will inevitably have to deal with the following concepts:

  • contract for services rendered - an agreement under which one party, the customer, instructs the other party, the contractor, to perform a certain type of work or provide an agreed service, and the contractor has the right to expect to receive payment for their performance
  • parties to the agreement - parties to the agreement between whom mutual rights and obligations arise
  • subject of the contract - the essence of the agreement, defining the service itself or the task that the contractor undertakes to perform in the interests of the customer
  • rights and obligations - a reflection of legal relations regulated by the text of the agreement, which do not contradict the norms of current legislation, which the parties will be guided by when executing the agreement
  • – legal consequences in case of violation of the agreed terms of the agreement by one of the parties

Subject of the agreement

The subject of the agreement falls into the category of essential conditions. If for some reason the parties did not indicate its subject in the text of the agreement or did not reach agreement on its definition, then such an agreement will automatically be considered not concluded, and the parties will not have mutual rights and obligations.

Varieties of the subject of the agreement:

  • transportation of documentation or correspondence
  • provision of communication services
  • educational or public services
  • bookkeeping
  • provision of opinions and expert assessments
  • auditing, consulting
  • other services provided for by current legislation

Like any legal agreement, a contract for services provided has its own content.

The contract for the provision of services must reflect essential and additional conditions.

Essential conditions include:

  • subject - is one of the essential terms of the contract, and its absence neutralizes any agreements reached and entails. In this clause of the agreement, the parties specify the nature and scope of the upcoming service, which the contractor undertakes to provide and the customer to pay
  • term for the provision of services - the parties can set a specific date upon which the provision of services must be completed, or establish that the agreement is valid upon achieving a certain result. Violation of the terms for the provision of services gives the customer the right to unilaterally refuse to accept services already provided, and is also released from the obligation to pay for them. Before agreeing to this condition, you should read Articles 708, 783 of the Civil Code of the Russian Federation

Additional terms of the agreement include:

  • cost - the contract may be compensated, therefore, the parties must agree on the amount of remuneration that the contractor will receive if his obligations are properly fulfilled. The parties need to separately determine
  • execution procedure - the parties can agree that the contractor undertakes to personally provide the agreed services, or with the possibility of attracting co-executors
  • quality of services - the parties agree that the services provided must be provided in strict accordance with the requirements of the contract and the current legislation of the Russian Federation
  • procedure for accepting services provided - the parties to the agreement agree on how the services provided will be accepted, and from what point the subject of the contract will be considered fulfilled

Subject of the Agreement English. subject of a contract is a list and composition of work, actions performed, determining the type and nature of the terms of the contract or agreement being concluded.

Dictionary of business terms. Akademik.ru. 2001.

See what “Subject of the Agreement” is in other dictionaries:

    An article of the agreement that describes the subject of the agreement and its exact name. The subject of the agreement follows the preamble. See also: Articles of a purchase and sale agreement Financial Dictionary Finam... Financial Dictionary

    SUBJECT OF THE AGREEMENT- an action or a set of actions that determine the type and nature of the terms of the transaction being concluded. P.d. briefly reflected in the title of the agreement, for example purchase, sale, lease, commission, guarantee, etc. Depending on P.d. types are determined... ...

    SUBJECT OF THE AGREEMENT ON THE ESTABLISHMENT OF THE TRUST- property that the founder of the trust owns by virtue of ownership, as well as the property and personal non-property rights associated with it. The subject of an agreement on the establishment of a trust cannot be: property that does not allow separation from another... ... Large economic dictionary

    Subject of the social rental agreement- 1. The subject of the social tenancy agreement must be residential premises (residential building, apartment, part of a residential building or apartment)... Source: Housing Code Russian Federation dated December 29, 2004 N 188 Federal Law (as amended on June 29, 2012) ... Official terminology

    Subject of the financial lease (leasing) agreement- The subject of a financial lease agreement can be any non-consumable things, except for land plots and other natural objects... Source: Civil Code of the Russian Federation (part two) dated January 26, 1996 N 14 Federal Law (as amended on November 30, 2011) (as amended... Official terminology

    See Purchase Annuity and Life Annuity. The new all-German civil code treats the purchase of R. or the rental obligation in the department of property law and, allowing for the establishment of an eternal R., requires, however, that the contract stipulates... ... encyclopedic Dictionary F. Brockhaus and I.A. Ephron

    Provision by the depository to the depositor of services for storing securities certificates, accounting and certification of rights to securities by opening and maintaining by the depository a depository account of the depositor, carrying out transactions on this account. See also: Depositors... Financial Dictionary

    DEPOSITORY AGREEMENT SUBJECT- SUBJECT OF THE DEPOSITORY AGREEMENT... Legal encyclopedia

    Noun, m., used. often Morphology: (no) what? subject, what? subject, (see) what? subject, what? subject, about what? about the subject; pl. What? objects, (no) what? objects, what? objects, (see) what? objects, what? objects, about what? about objects... ... Dictionary Dmitrieva

    - (see SUBJECT OF THE DEPOSITORY AGREEMENT) ... Encyclopedic Dictionary of Economics and Law

Books

  • Agreement on the exercise of the rights of participants in business companies in Russian and English law, Osipenko Kirill Olegovich. This monograph is devoted to comparative legal analysis legal regulation agreements on the exercise of the rights of participants in business companies in Russian and English law. IN…

Subject of the agreement. The subject of the contract is the obligation arising from the contract. Represents actions (or inaction) that the obligated party must perform (or refrain from performing). An agreement cannot be concluded without defining what is the subject of the agreement.

For example, the subject of a purchase and sale agreement is the actions of the seller to transfer the goods into the ownership of the buyer and, accordingly, the actions of the buyer to accept this product and pay the established amount of money for it. The absence in the contract of clauses regulating the actions of the parties to transfer the goods to the buyer, as well as the acceptance and payment by the latter of the goods, is compensated by dispositive rules that determine the procedure and timing of these actions, which means the presence in the sales contract of an essential condition on the subject of the contract.

For example, Article 455 of the Civil Code of the Russian Federation provides for the following terms of a product agreement:

"1. The goods under a purchase and sale agreement can be any thing in compliance with the rules provided for in Article 129 of this Code.

2. An agreement may be concluded for the purchase and sale of goods available to the seller at the time of conclusion of the agreement, as well as goods that will be created or acquired by the seller in the future, unless otherwise established by law or follows from the nature of the goods.

3. The terms of the purchase and sale agreement regarding the goods are considered agreed upon if the agreement allows us to determine the name and quantity of the goods.”

Thus, if there is a dispositive rule in relation to any essential condition, the absence in the text of the contract of a clause defining this condition does not mean that the corresponding condition is absent from the contract. But in some cases, “the legislator, in relation to certain types of purchase and sale agreements, tightens the requirements for concluding the terms of the agreement by excluding the possibility of determining its essential conditions by dispositive rules” (8) This applies to a real estate sale agreement, where, in the absence of a price condition agreed upon by the parties, the agreement is considered not concluded and is not subject to application (2, Art. 555)

Conditions required for contracts of this type. Along with the conditions that are recognized as essential by law, the essential terms of the contract are traditionally distinguished, which, although not recognized as such by law, are necessary for contracts of this type. Such conditions are usually “contained in the very definition of the concept of the relevant type of contract.” (8, p. 9)

Conditions that are named in the law or other legal acts as essential for contracts of this type. In a number of cases, the Civil Code, when regulating a particular agreement, determines the range of its essential conditions. For example, in Art. 1016 (2) specifies the essential terms of the property trust management agreement. These include: the composition of the property transferred to trust management; Name legal entity or the name of the citizen in whose interests the property is managed and some others.

Conditions regarding which, at the request of one of the parties, an agreement must be reached. To recognize a condition of this type as essential, it is required that “in relation to the corresponding condition, one of the parties has directly stated the need to reach an agreement under the threat of refusal to conclude the contract. ... This group of conditions ... has legal significance only at the stage of concluding an agreement, which is completely lost from the moment the agreement is considered concluded.” (8, p. 111)

Ordinary conditions, unlike essential ones, do not require agreement between the parties:

§ are provided for in the relevant regulations;

§ They also include “sample conditions developed for contracts of the corresponding type and published in the press.” (5, p. 501);

§ and those business customs that come into force if the terms of the contract are not determined by the parties or by a dispositive norm. (2, art. 421, clause 5)

Random conditions are conditions that change or supplement ordinary conditions. They acquire legal force if included in the contract.

2.2. Interpretation of the contract

During the execution of the contract, disagreements may arise between the parties regarding the meaning of a particular contractual provision. In these cases, there is a need to interpret the contract. The parties have the right to interpret the agreement by mutual agreement in any way, unless this contradicts the current legislation.

However, there are often cases when the meaning of one or another term of the contract becomes the subject of consideration of a dispute taking place in court and therefore there is a need for interpretation of the contract by the court.

Currently, rules on judicial interpretation are included in the Civil Code (Article 431): “When interpreting the terms of an agreement, the court takes into account the literal meaning of the words and expressions contained in it. The literal meaning of a contract term, if it is unclear, is established by comparison with other terms and the meaning of the contract as a whole.

If the rules contained in part one of this article do not allow determining the content of the contract, the actual common will of the parties must be clarified, taking into account the purpose of the contract. In this case, all relevant circumstances are taken into account, including negotiations and correspondence preceding the contract, the practice established in the mutual relations of the parties, business customs, and subsequent behavior of the parties.”

These rules establish that, first of all, the literal meaning of the words and expressions contained in the contract is taken into account. If it turns out to be unclear, the court must compare the relevant terms with the others, as well as the general meaning of the contract. And only secondly, if the method of interpretation described above does not make it possible to reveal the content of the contract, the court must find out the actual common will of the parties, taking into account the terms of the contract. In these cases, the court must take into account the negotiations preceding the contract and the correspondence established during

practice in the relationship between the parties, as well as business customs, subsequent behavior of the parties and any other circumstances.

Thus, the Civil Code adheres to the priority of the expression of will over the true will of the party in order to avoid uncertainty in the relations of the parties.

3. Form of contracts

During the transition of our country to market economy The role of the contract has sharply increased, which in most cases is the only regulator of the relations between the parties. That's why great importance acquires proper execution of the concluded contract.

The current Civil Code of the Russian Federation, in contrast to the legislation of Western countries, contains quite strict requirements for the form of the contract. This is explained by the fact that “the underestimation of the treaty that existed in Soviet period, when planning acts had priority, and the contract played a supporting role.” (12)

Is it legal not to disclose the list of services in the contract, but to disclose it in the specification? What does the contractor need to check when agreeing on the subject of a contract for paid services?

Question: Natalya Andreevna, the question is the following: can the subject of the contract not be disclosed in the contract, but have a reference to the specification: (i.e. the phrase looks like this: the list of services under this contract is indicated in the specification) are there any risks in this regard, if the contract does not disclose the list of services, but they are disclosed in the specification?

Answer: No, you cannot indicate that.

The subject of the agreement is an essential condition of the agreement, i.e. must be indicated, otherwise the contract is considered not concluded (clause 1 of Article 432 of the Civil Code of the Russian Federation).

The subject of the contract is the service provided by the contractor (Clause 1, Article 779 of the Civil Code of the Russian Federation). At the same time, the very concept of service is only partially explained by the Civil Code of the Russian Federation. So, in order for the condition on the subject to be agreed upon, the parties must list in the contract certain actions that the performer is obliged to perform, or indicate certain activities that he is obliged to carry out. In practice, this means that the parties must determine:

  • list (type) of services;
  • volume of services.

Also, if necessary, you need to indicate the place of provision of services and the objects to which the provision of services is directed.

At the same time, no one forbids the customer to draw up a list of the performer’s actions or formulate the name of the type of activity at his own discretion.

Comparison of a fee-based service agreement with similar agreements

The literal meaning of the terms of the contract, if it is unclear, is established by comparison with other conditions and the meaning of the contract as a whole (). The name of the contract itself cannot serve as a sufficient basis for classifying it as an employment or civil law contract.

Attention! For some types of services, the Civil Code of the Russian Federation establishes separate rules that differ from the rules governing the contract for the provision of paid services

Services that form the subject of independent named contracts are excluded from the scope of Chapter 39 “Paid provision of services” of the Civil Code of the Russian Federation (clause 2 of Article 779 of the Civil Code of the Russian Federation). Thus, contracts of transportation, transport expedition, bank account, storage, insurance, assignment, commission, agency, trust management of property are regulated by special norms of the Civil Code of the Russian Federation.

What the contractor needs to check when agreeing on the subject of the contract for paid services

The following applies to the contract for the provision of paid services: general provisions on a work contract (Article 783 of the Civil Code of the Russian Federation), the essential conditions for which, along with the subject, are the conditions on the initial and final dates for the execution of work (clause 1 of Article 708 of the Civil Code of the Russian Federation). Does this mean that the specified conditions are also essential for the contract for the provision of paid services?

Judicial practice takes the position that the term for the provision of services is not essential for a contract for the provision of paid services, since it is not directly mentioned in Chapter 39 of the Civil Code of the Russian Federation (see, for example, resolutions

obligation civil contract

The subject of the contract is the actions (or inaction) that the obligated party must perform (or refrain from performing). An agreement cannot be concluded without defining what is the subject of the agreement.

For example: the subject of a purchase and sale agreement is the actions of the seller in transferring the goods into the ownership of the buyer and the actions of the buyer in accepting these goods and paying a specified amount of money for them.

Any contract consists of a certain set of conditions that stipulate the rights and obligations of the parties. The set of these conditions is called the content of the contract. The terms of the contract are divided into three groups: ordinary, incidental and essential.

Ordinary conditions are conditions that in practice are included in the content of a given contract, however, their absence does not affect its validity. Ordinary conditions do not require agreement between the parties, as they are provided for in the relevant regulations.

For example: A supply contract usually includes a clause regarding a penalty for non-fulfillment of the contract. Or - the usual conditions of paid contracts include the price. If the contract does not specify a price, prices established by authorized government bodies are applied, or the execution of the contract is paid at the price that is usually charged for similar goods, work or services.

Incidental are conditions that are not typical for a given agreement, but if the parties agreed to their inclusion in the agreement, they become legally significant. They change or supplement the usual conditions.

Essential - conditions that are necessary and sufficient when concluding a contract are considered.

For example, Article 1016 of the Civil Code specifies the essential terms of the property trust management agreement: the composition of the property transferred to trust management; the name of the legal entity or the name of the citizen in whose interests the property is managed, and some others.

Conditions required for contracts of this type. Along with the conditions that are recognized as essential by law, the essential terms of the contract are traditionally distinguished, which, although not recognized as such by law, are necessary for contracts of this type.

Conditions regarding which, at the request of one of the parties, an agreement must be reached. To recognize a condition of this type as essential, it is required that in relation to the corresponding condition, one of the parties has directly stated the need to reach an agreement under the threat of refusal to conclude the contract. This group of conditions has legal significance only at the stage of concluding an agreement and is completely lost from the moment the agreement is considered concluded I. Procedure for concluding an agreement

The procedure and procedure for concluding contracts are determined by the rules of Chapter 28 of the Civil Code, as well as the rules of the Arbitration procedural code RF.

The conclusion of a contract is associated with reaching an agreement on all its essential terms. The contract is not considered concluded in the absence of agreement on at least one of these conditions.

The Civil Code establishes that an agreement is concluded by sending an offer (offer to conclude an agreement by one of the parties) and its acceptance - acceptance of the offer by the other party (Article 432 of the Civil Code).

The party making the offer is called the offeror, and the party accepting the offer is called the acceptor. The contract is considered concluded when the offeror receives acceptance from the acceptor.

Signs of the offer:

  • 1. the proposal must be sufficiently definite and express the person’s clear intention to enter into an agreement;
  • 2. the proposal must contain all the essential terms of the contract;
  • 3. the offer must be addressed to one or more specific persons.

If the proposal made does not comply with at least one of the listed requirements, it is not considered an offer, but is recognized only as a call to an offer, which does not oblige the one who made it to anything.

For example: advertising and other offers addressed to an indefinite number of persons act as a call for an offer.

THAT. An offer (Article 435 of the Civil Code) is an offer addressed to one or more specific persons, which:

  • 1. quite definitely;
  • 2. contains an indication of all essential conditions;
  • 3. expresses the intention of the person who made the offer to consider himself to have entered into an agreement with the addressee who will accept the offer.

The contract is concluded at the moment the person who sent the offer receives its acceptance (Article 433 of the Civil Code).

Acceptance is the full and unconditional consent of the person to whom the offer is addressed to accept this offer (Article 438 of the Civil Code). If consent to an offer to conclude an agreement is accompanied by additions or changes to the conditions contained in the offer, then it does not have the force of acceptance.

To recognize an action as acceptance, it is sufficient that the person who received the offer proceeds to perform it on the terms specified in the offer and within the period established for its acceptance.

Signs of acceptance:

  • 1. the offer is accepted unconditionally in the form in which it is formulated, without making any counter-proposals;
  • 2. from the law, business customs or from the characteristics of the parties’ previous business relations, it follows that silence is a manifestation of the party’s will to enter into an agreement (tacit acceptance);
  • 3. actions to fulfill the conditions specified in the offer, unless otherwise provided by law, other legal acts or not specified in the offer, must be performed by the person who received the offer within the period established for its acceptance.

Offer and acceptance give rise to certain obligations for the persons making them:

  • 1. the offer binds the offeror with the possibility of accepting it within the established time frame;
  • 2. acceptance determines the recognition of the contract as valid.

The offer binds the sending person from the moment it is received by the addressee. The received offer cannot be withdrawn within the period established for its acceptance.

If the offer sets a deadline for acceptance, the contract is considered concluded if acceptance is received by the offeror within the specified period.

If the deadline for acceptance is not specified in the offer, then its legal effect depends on the form in which it is made.

At orally offer, the contract is considered concluded upon immediate notification of acceptance by the other party.

When an offer is in writing, the contract is considered concluded if acceptance is received by the offeror before the end of the period established by law or other legal acts, and if such a period is not established, within the time required for this.

When concluding contracts, the time and place of concluding the contract are important. The time of conclusion of the contract is considered to be the moment in time when the offeror received the consent of the acceptor. Agreements subject to mandatory state registration are considered concluded from the moment of registration, unless otherwise provided by law (Article 433 of the Civil Code).

If the contract does not indicate the place of its conclusion, the contract is recognized as concluded at the place of residence of the citizen or at the location of the legal entity that sent the offer (Article 444 of the Civil Code).