Contract — what is it?
Getting a job is imperative to sign the contract. What is this? Is an agreement between two or more people/organizations. Signed with the purpose of establishment, change or termination of cooperation.
Why you need a contract?
The contract is signed, not only during employment but also in some other cases:
- The transport of cargo, goods, shipping of products. In this case it is signed between the firm-customer and the transport company.
- Capital construction. This refers to the signing of several contracts with the workers, with the service of delivery of materials, construction shop, etc.
- Domestic services for citizens. For example, the citizens sign a contract that they had Internet cable. Every month they have to pay a certain amount for several years, specified in the contract. After this time, the contract is either terminated or extended.
However, the Constitution proclaims freedom of contract. That is, all citizens have the right to conclude or not to conclude them. Forced contracts is prohibited, although in some cases envisaged by legislation it is possible.
The types of contracts
There are different types of agreements between multiple individuals and organizations:
- If one contract contains elements of several agreements, the agreement called mixed. But the conditions and the items prescribed in the contract, shall be determined by agreement of both parties. It is recommended to read carefully all the provisions in the contract. Special attention should be paid to sentences written in small font.
- If the agreement specified that one party must receive a certain fee – is reimbursable agreement. Otherwise, it is called free.
- If the rights and obligations between the parties to appear immediately after conclusion of the contract, the agreement is called consensual. But if cooperation begins only from the moment of transfer of the property, this contract is real. For example, service delivery is signed the real contract, as cooperation starts only after delivery of the goods.
- If the contract by both parties and the borrowers and lenders, it is a bilateral transaction (e.g., purchase, sale). But if only one of the parties is a debtor and a second creditor, is a unilateral transaction. Signed, if a natural person or legal entity borrows from another individual.
- The preliminary agreement is signed before the main contract. Under its provisions, the parties must sign a future agreement based on the terms prescribed in the preliminary agreement.
What should be in the contract?
The contents of any contract should be the rights and obligations of both parties. All of them are expressed in the provisions of the Treaty. The conclusion of the contract occurs only if both parties agreed. If there is no agreement on at least one of the items, the contract is considered unconcluded.
Termination of the contract
Termination of the agreement can occur by consent of both parties. Although there are cases when the termination of the contract can be unilateral. But this can only happen when the other party substantially violates provisions of the contract. Because of this breach by the other party caused the loss. The victim has the right to apply to the court for termination of the contract and reimbursement of all losses caused to him.