Contract in civil law is called an agreement between two or more persons concerning the establishment, change or termination of civil rights and duties. A contract may be notarized in written and oral form.
The will of the parties who conclude the contract must be harmonized, not only mutual, that is, in content and volume, it should be the same.
Each party when the contract requires consideration.
Legal and physical persons, as well as a variety of legal education (municipal education, the state, international organizations) could be parties to the contract.
Apply a contract in three values:
- as the document which records the fact of obligation to the will of the parties;
- as a fact, which gives rise to the obligation;
- as the relationship.
The Grant is the agreement on gratuitous provision of services, if you charge something to provide the other party takes one side. Into two groups divided all grant contracts. This is a contract assignment (alternative price), storage and trust management of property. The second group is mandatory gratuitousness (contracts of uncompensated use), and donation agreements.
To conclude the contract of gratuitous rendering of services according to the existing practice of concluding contracts common enough in written form. The Protocol involved entity.
In cases where the written form of the contract is not respected, side can not use testimonies. If a dispute arises, it is possible to give evidence in writing and other evidence. The agreement can refuse each of the parties. Aware of this, it is necessary to put the other party one month prior to the termination of the agreement.
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Very common type of this kind is the agreement of uncompensated services. A sample of such contract is not difficult.
The Law prohibits the registration of certain types of gratuitous contracts. The purpose of the ban is to protect the interests of citizens who are incapacitated, prevention of violations and civil servants, the observance of the norms of morality and ethics, the prevention of the abuse among entrepreneurs.
Also there is a contract of gratuitous nature, as lawful confirmation of the transfer of property without compensation.
The document entitled "contract of gratuitous rendering of services” indicate the data which allow to specify the property that is free of charge. If there are no such data, the terms of the contract will be considered agreed and the contract is not concluded.
The Property, which obtained in the free use, must be in good condition. Perhaps even overhaul and the execution of its maintenance expenses.
The Contract of gratuitous rendering of services involves two parties - the borrower and lender. A lender called the owner of transferred property in use or a person authorized by the property owner or the law provide the property for use (loan). According to the law of business organization has no right to transfer in gratuitous use of the property to the person who is a member of its authorities or management, supervisor, participant, founder.
Any person may act as a borrower. However, in the cases provided for by the borrower or by law, to receive anything in a loan can only some subjects.
The Contract of gratuitous rendering of services implies certain conditions on the contract object of service, time of service, order of payment.
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