PLAN


Introduction
.................................................. ..........................< br> .................................................. ... 2 pp
I. The notion of obligations
............................................. .............................< br> .................. ..... 4 pages
II. Certain types of obligations
............................................ ..............................< br> .... 7 pp
1. Purchase and sale
.................................................. ..........................< br> ....................................... 7 pp
1.1.1 subject of the contract of sale
.................................................. ..........................< br> ..... 8 pp
1.1.2 quantity
.................................................. ..........................< br> ............................. 10 pp
3 product assortment
............................................ ..............................< br> ................. ............ 10 pp
4 Quality of goods
............................................ ..............................< br> ................. .................. 11 pp
5 completeness of the goods ............................................... ......................< br> ......................... ....... 12 pp
6 Duties buyer
............................................ ..............................< br> ................. .... 12 pp
1.2.Otdelnye types of contract of sale
.................................................. .................. 14 p.
1 Retail sale
.......................................... ................................< br> ............... ... 14 pp
2 delivery of goods
............................................ ..............................< br> ................. ................ 15 pp
3 Delivery of goods for state needs
......................................... .................... 16 pages
4 contracting
............................................. .............................< br> .................. ..................... 18 pages
5 power
............................................. .............................< br> .................. ............... 18 pages
6 real estate
............................................ ..............................< br> ................. ..... 19 pages
7 to sell the business
............................................ ..............................< br> ................. ....... 20 pages
2. Mena
.................................................. ..........................< br> .................................................. ..... 21 pages
3. Donations
.................................................. ..........................< br> .................................................. 22 pages
4. Rent and lifelong maintenance of a dependent
.................................................. ... 24 pages
5. Rent
.................................................. ..........................< br> .................................................. .. 24 pages
5.1.Otdelnye leases
.................................................. ..........................< br> ..................... 28 pages
1. Rental
.............................................. ............................< br> ................... .............................. 28 pages
2. rental vehicles
............................................ ..............................< br> ........... 29 p.
3. rental of buildings and structures
........................................... ...............................< br> ............. 30 pages
4. rental companies
............................................. .............................< br> .................. ........ 30 pages
5. financial lease (leasing)
.......................................... ................................< br> .............. 31 pages
6. Rental dwelling
............................................ ..............................< br> ................. ..... 32 pages
6. Gratuitous Use
............................................. .............................< br> .................. . 33 pages
7. Streak
.............................................. ............................< br> ................... .................................. 33 pages
8.1. Certain types of contract
.................................................. ..........................< br> ................... 38 p.
1. Household consecutive
............................................. .............................< br> .................. ............... 38 p.
2. Building contracting
............................................. .............................< br> .................. ...... 39 p.
3. contract for performance of design and surveying
...................................... 41 p.
4. contractors working for public services
.......................................... ............... 42 p.
Conclusion
.................................................. ..........................< br> ............................................... 43 pages
List used normative material and literature
................................. 45 pages


Introduction

22 December 1995 State Duma approved the second part
Civil Code of . It is dedicated to certain types obligations. First of all, the obligations arising under the numerous treaties, as well as unilateral actions of the participants property relations. In addition, the rules here are included on obligations arising in connection with causing property damage or as a result of unjust enrichment, which are, in essence, consequences of the commission of certain civil (property) offenses.

In other words, its object constitute a very different relationship drawing up the transfer of property (in the economic sense - move goods) from one person to another, ie, property turnover in the proper sense words. The legal concept of property turnover mediates economic category of the market. Therefore, the rules of the second part of the new Civil Code of essence and there are rules about property turnover (on the regulation of the market), and the Law is the fundamental law of the market, a kind of "constitution of the market trafficking ".

Rules of the second CC is closely related to those of the first. They based on the general provisions of the Code on how to build property relations, who and under what conditions may be their party (citizens, legal persons, public legal education), what objects and because of the legal regime are subject to relevant transactions. In the first part of the CC are placed and general provisions about all obligations and agreements, constituting a separate part of the Code. With This point of view we can say that the second part of the CC are special rules of the law of obligations relating to the special part (having, however, note that it is a special part only of obligations, but not all civil law).

provisions on certain types of obligations contained in Part Two
CC, consistently and continue to develop general principles (principles) civil-legal regulation, embodied the first part of the Code.
Most important here are the principles of freedom of contract and smooth implementation of the Civil Rights Section 1, Art. 1, Art. 421.
Article 421. Freedom of contract

1. Citizens and legal persons are free to contract.

compulsion to conclude a treaty is not permitted, except when to contract provided by this Code, law or voluntary commitments.

Based on them, the legislator has secured dispositive Most of the rules on certain types of contracts, giving the parties possibility to choose the most appropriate and practical option behavior (which is determined by law only when the participants themselves not settle for a different rule). Because they bear the risk possible adverse effects of such a decision requires careful informed choices, based primarily on in-depth study opportunities provided by law.

should be emphasized that in accordance with Clause 1, Article. 8 and paragraph 2, Article.
421 CC civil rights and obligations arising from treaties and other transactions, either directly specified by law, and not provided for them, but not contrary to it (relevant general principles and spirit of the civil legislation). Therefore, the second part of the CC, despite its considerable volume does not contain an exhaustive (closed) list of contracts.
Participants may enter the property turnover and other treaties meet the criteria mentioned, in particular mixed contracts containing elements of various contracts Clause 3, Article. 421.

is important to note also that the second part of the CC in a single system regulates treaties concluded between citizens and between entrepreneurs or with their participation. It is as treaties, to which may only be entrepreneurs (eg, contracts of sale or lease businesses and other property complexes, contracts financing assignment of monetary claims and commercial concessions, etc.), and on Contracts, in which entrepreneurs are in favor of one party (eg, contract of trust asset management, banking transactions, etc.). It most elaborated rule n. 1, Art. 2 Civil Code, relating to the subject civil law relations between persons engaged entrepreneurial activity, or with their participation.

Therefore there are sometimes arguments about the existence of some special "enterprise" ( "commercial") rights are not only still theoretical, but also the legislative grounds. Entrepreneurial contracts
- An undeniable part of the subject of civil law (private - legal) regulation.

However, the rules of the second GC are very consistent and a clear social orientation. In many cases, they increase the legal safeguards to protect the interests of citizens, consumers, and sometimes actually impose them again (for example, energy contracts and banking transactions).
That is the purpose and the mandatory rules of law. Very clearly it manifested in the regulation of the obligations of harm to life, health or property of citizens, to extend the possibilities of protection victims.

Code also rests on the existence of antitrust prohibitions and restrictions Abuse of the economic situation (especially in the regulation banking transactions, commercial mediation, concession contracts).
Taken into account the need for involvement in trafficking in the federal state and other public legal entities, primarily through the establishment special rules on public contracts for supplies contracts and certain other agreements, as well as additional licensing individual activities.

Code pays particular attention to protecting the interests of participants property administration of various forms of abuse and fraud. In particular GC sharply narrows and put under tight control previously almost unlimited ability to collect money and other property contributions with citizens and legal persons Art. 835, prohibits a general rule do money subject to a separate contract of trust management, introducing Additional measures of liability and other ways of ensuring the rights creditors in respect of certain categories of debtors (for the latter, being obliged to fulfill certain obligations, often shy away from this, creating a situation of mutual non-payments and even disappeared with market). It is no accident, therefore the rules of the Civil Code now protects the interests of the above all creditor - the parties in whose favor must be followed appropriate response.

Like the first part of the second part of the Code also provides extremely important role in the formation of a new system of modern domestic civil law. With the introduction of its effect are repealed Many obviously outdated acts of the former law and order, not only laws (in particular, a large section of the Civil Code of the RSFSR in 1964), but also great number of regulations, including the departmental regulations designed for completely different economic conditions and not responsible in protecting the interests of participants of modern property turnover. In addition, the Code provides for the adoption on the basis of fixed standards in it some special laws designed to refine provisions of the Civil Code.

term liabilities

The largest subsector of civil law is contractual right. The law contained therein, shall govern wide range of public relations related to the acquisition of goods in property, lease of property, the needs citizens in housing, construction of industrial and socio-cultural facilities, transportation of cargo, passengers and baggage, service providers, loans and payments, insurance, joint activities use of works of science, literature and art, the protection of life, health and property of citizens and property of legal persons, etc.

civil and legal obligations are diverse and have broad application in all spheres of economic life.

Article 307. The notion of obligation and the basis of its appearance

1. By virtue of an obligation one person (the debtor) is obliged to make in favor of another person (the creditor) a certain action, such as: transfer the property, perform the work, pay money, etc., or to refrain from certain action, and the creditor is entitled to claim from the debtor performance of his duties.

2. Liabilities arising from the contract because of injury and other grounds specified in this Code

Article 308. Parties obligations

1. The undertaking, as each of its sides - the creditor or debtor - may participate one or several persons simultaneously.

Invalidity of creditor's claims to one of the persons involved in obligation on the debtor, as well as the expiration ago at the request of such person, by themselves do not affect its requirements for the rest of these individuals.

2. If each of the parties under the contract has a duty in favor of another hand, it is considered a debtor of the other hand that it must do in its favor, while its creditors that has the right of it demand.

3. Obligation not to create duties for persons who are not participating in As the parties (for third parties).

In cases stipulated by law, other legal acts or agreement of the parties, the obligation may create rights for third persons in for one or both sides of the obligations.

obligations under civil law is a definite relationship, whereby one person (the debtor) is obliged to perform in benefit of another person (the creditor) a certain action (transfer property, perform the work, pay money, etc.) or abstain from doing, and creditor has the right to require the debtor's performance of his duties.

However, to characterize the obligation not indicate obligations of the debtor and the creditor's rights. The main responsibility taxpayer is prompt and full payment of taxes, and state represented by the tax authorities may demand from him a steady this duty and responsibility to apply the measures in the form of fines in case of its violation. Nevertheless, the relationship was developed between tax authorities and taxpayers, can not be recognized obligation. Moreover, the rules of civil law not subject Application for tax and other financial relations (Section 3, Article. 2 CC).

The fact that the tax, financial and administrative relations, based on authoritative subordination of one party to another, can not enter scope of civil-legal regulation. As already noted, the subject civil law are the property and related moral relationship based on equality, autonomy of will and property independence of their participants. This provision is in full As applies to civil obligations.

How is the obligation of other civil-legal relations such as legal ownership, which are also based on equality, autonomy of will and property independence of their members? Before by the fact that the obligation to reflect the dynamics of civil-defined rights and responsibilities, and obligations of one hand to make these action opposes the other's right to demand its implementation. Therefore civil rights arising from the obligations are relative nature, they are always opposed to the responsibilities of each person from whom can demand their enforcement. Ownership - an absolute right.
The right owner is opposed to the duty of all who have with him relations, refrain from actions that interfere with the ownership or violate it. Thus, the right of ownership of any person requires from others inaction. Only the owner can act in order to realize their powers of possession, use and disposal his property (Article 209). Ownership records statics property rights, defining the property status of participants relationships.

obligation always has a certain subjective composition (by liabilities): the debtor - the person obliged to transfer the property to comply work to provide service, perform other actions, and the creditor - the person who may require the debtor to perform his duty. But this is only simplest model of a binding relationship (one-sided obligation). In the real property back in use, as a rule, more complex structures commitments: first, on the side as the debtor and the creditor may be several persons; in?? Secondly, dominated bilateral commitments, when both parties act in as a debtor in an obligation and are both creditor differently. According to the principle of bilateral obligations are built almost all contractual obligations in the field of entrepreneurship. For example, contract of sale of goods the seller is obliged to transfer the goods and but at the same time he is entitled to require the buyer to pay the price for it. In turn, the buyer may require the seller to send goods to him, under the contract, and at the same time, he is obliged to provide it acceptance and payment. If each of the parties under the contract has a duty to favor of another, it is believed to be the debtor that must be done to her, while her lender that has the right to demand from it
(Art. 308).

Contractual obligations may be mixed, when one combined contract conditions inherent in the various treaty obligations.
An example of this can serve as instruments through which commercial organizations to lend to each other raw materials, other material values. These contracts have an element of credit contracts in terms of urgency, commitment, recoverability of property, etc. but at the same time and the elements of the obligations associated with the sale goods (in respect of quality, completeness, amount transferred property, etc.). In mixed contracts, each party can be repeatedly serve both the debtor and the creditor on the various obligations (clause 3 Art. 421).

widely used in business and such construction, as an obligation in favor of a third person when the debtor is obliged to make performance not a creditor, as specified in the contract a third party, entitled to claim from the debtor's fulfillment of an obligation in its favor
(Art. 430 CC). In this design are usually built on commitments contract of carriage of goods whereby the carrier undertakes to to deliver the goods entrusted to him and hand it to the destination empowered person (consignee), although a party to the contract in favor shipper (Art. 99 of the Fundamentals in 1991).

even more complex obligations arise from outsourcing, which were wide application in the field of capital construction, as well as rental immovable property. For example, the construction of various facilities party performing the work (contractor) may involve the execution Treaty of others - contractors. At the same time to the employer, contractor acts as general contractor and is responsible to him for the results work as a subcontractor before - as a customer (Article 92 of the Fundamentals).

As seen from the above examples, the treaties are a source of civil obligations. However, commitments arise from other reasons specified by law, no related to the contract.

They may arise as a result of the injury (tort obligations). The content of such obligations is the duty of person who caused harm to person or property of a citizen (of legal person), pay it in full and, accordingly, the victim's right individuals to demand compensation for harm caused (art. 126 of the Fundamentals).

There are relevant provisions of civil law the obligations arising out of unjust enrichment (Art.
133 basis). Debtor in such a commitment is a person who, without established by law or transaction basis acquired the property at the expense of another person (the creditor), and therefore shall return to the last Improperly obtained property. In addition, a person who unjustifiably received the property, is obliged to repay or refund all revenues that it has learned or should have learned from this property. The amount unjust enrichment of the money accrued interest for the use of other people's money in the amount of the average rate of bank interest, present at the location of the creditor.

In some cases the source of the obligation can be judicial decision, for example in situations where the parties to the court transferred to the differences that emerged at the conclusion of the contract. In such circumstances, the conditions of the contract (and hence the relevant obligations parties) are determined by a court decision (Art. 446 CC).

Liabilities may also arise from the transactions of the acts of state bodies and local authorities in the cases provided law, but also because of other actions and events with which the law or other legislation that relates to civil and legal consequences.

should be noted that the general part of the law of obligations represents the most traditional institution of civil law so its update in the new Code went mainly towards improve and refine the old rules, except provisions on the enforcement of obligations containing a lot of short stories, as well as new for 's legislation subsection dealing general provisions of the treaties.

Depending on the foundation of all obligations are divided into two types: contractual obligations; non-contractual obligations

Contractual obligations arise on the basis of the signed contract, and non-contractual obligations assumed as its foundation, other legal facts. The content of contractual obligations is determined not only by law but by agreement of persons involved in the undertaking.
The content is non-contractual obligations depends only on the law or law and the will of one party to the undertaking. Legal community treaty obligations to allow the same to allocate significant number of common law, equally applicable to all numerous and varied contractual obligations. The combination of these law forms part of the overall institution of contract law.

Within each type are allocated separate groups of commitments. Each set of obligations consists of various types of obligations. Finally specific types of obligations are divided into subspecies and forms of commitment.

Thus, both contractual and non-contractual obligations divided into types of commitments. Thus, under treaty obligations depending on the nature of mediated transfer of wealth, the following types of commitments: obligations under the sale of property; obligation to provide equipment for use; obligation to perform work; commitment to transport; obligation to provide services; obligations according to the calculations and lending; insurance obligations; commitment to joint activities; Mixed obligations

Within the non-contractual obligations can be divided into two groups: commitments from one-sided transactions; protective obligations

consider some types of obligations.

Certain types of obligations

sale (Art. 454-491)

Purchase Agreement sales - the main type of civil commitment used in property turnover. It is no accident situation regulate relations connected with the sale, offer of the second
RF Civil Code (CC), dedicated to particular types civil commitment.

need to update legislation on the sale is obvious. In free market conditions are unacceptable coming from "plan" of the past rules for trade in goods, contained in the Civil Code in 1964,
Regulations on Supply of Goods and tovarov1988 year, as well as numerous regulations, instructions and standard instruments adopted at the time
Gossnab, the Trade Ministry and other agencies of the USSR. Needs settlement and relationships that in tightly regulated economy simply did not have the right to exist (for example, contractual prices, warranty periods for products, sales of businesses).

General GC on Sales should be applied also to the sale of property rights, the results of intellectual activities, trade names, trademarks, service marks and other means of individualization of the citizen or legal person work they do, or services, unless otherwise follows from the content or the nature of the human being or object of civil rights. On sale of securities and currency values above terms of purchase Sales may be distributed, if the law does not set specific rules for their sale.

In the text of the Civil Code are the rules that establish special rules Certain types of sales contract: the contract of supply contracting, energy, real estate sales, sale of enterprises.
It should be noted that the text of the Civil Code there is no complete definition these treaties. Given that they represent the types of contract sales in the relevant rules indicate only the specific features of these contracts, allowing them to allocate certain types of purchase sale.

The Code retained the traditional definition of contract of sale
(Article 454), expressing his continued substance: the seller undertakes to transfer goods in the ownership of the buyer, and the latter undertakes to take the goods and pay for it at a price. Code is based on the fact that the law does not can and should not regulate every step of the buyers and sellers.
Conditions of sale, as a general rule, can be determined by them independently. And there could be multi-page text of treaties, are the result of careful negotiation. Millions of sales committed per usual for all the rules. They provided in CC in case the parties do not deem it necessary to establish for themselves some conditions of sale.

The only condition is that the parties shall in all cases necessarily define themselves in the sale - its subject. Codex question of what is bought and sold, is considered to be consistent parties, if a contract can be set to the name and number Product (st.455). Other conditions, including price and quality of the goods are in principle definable on the basis of criteria imposed law and can not specifically agreed between the parties. A large number of rules
CC focuses on how determined range, quality of goods requirements for their packaging, packaging, terms of delivery time, price and order calculations. The absence of a specific contract special instructions for these conditions can not serve as grounds for declaring it not concluded.

subject of the contract of sale

only significant condition of the contract of sale - subject contract.

primary responsibility of the seller is to transfer to the buyer goods that are traded in the period prescribed contract, and if such a term contract is not installed - in accordance with rules on the performance of the indefinite commitment (Art. 314 CC). Except not determined the contract, the seller must be delivered together with commodity supplies sold things, and its related documents (technical passport, certificate of quality, etc.), under the law and the contract simultaneously with the transfer things (Art. 456).

contract of sale may be concluded with the condition of his performance a strictly defined term. This is possible when the contents of follows that the violation of the duration of the buyer loses interest to the contract. Seller is not entitled to make performance under such a treaty to onset or after the expiration of the term without the consent of the buyer and in If the buyer does not exercise its right of refusal to perform Treaty (Art. 457). An example of a treaty with the condition of its performance to a strictly certain date (even in the absence of references to the text of the treaty) can serve as a contract of sale of the Party Christmas trees. Transmission seller of such goods to the buyer outside of the New Year loses all meaning.

Code requires the seller to transfer the goods free from any rights of third parties. The only exceptions are situations when there is the buyer's consent to take the goods subject to such rights
(Art. 460). This refers to cases where the property being sold previously was transferred in pledge, lease or in respect of this property is set easement, etc.

buyer, finding that purchased their property rights are third parties, which he neither knew nor should have known, may present seller did not put him in on the popularity of these circumstances, the requirement to reduce the price of goods or the dissolution of sales contract and compensation for the damages.

is the subject of the sale of goods in respect of which there are rights of third parties, may be claimed by those persons in buyer. For such cases, the Code (Art. 462) establishes a rule, requiring the buyer, to which a claim for seizure of goods to involve in this case the seller. In this case the seller is not entitled refuse to participate in such a case the buyer.

Failure by the buyer the seller's responsibility to attract the participation in the case of the reclamation of the goods by a third person in a particular situation may warrant for the release of the seller from liability buyer. This is possible if the seller proves that by taking part in case, it could prevent the seizure of goods sold from the buyer.

moment of performance by the seller of its obligation to transfer the goods purchaser is determined by one of three options: first, in the presence of contract terms on the seller's obligation to deliver the goods - the moment delivery of goods to the buyer, and secondly, if in accordance with the contract goods should be delivered to the buyer at the location of the goods - the moment provision of goods to the buyer in the appropriate place, in - Third, in all other cases - the time the goods to the carrier or organization communication.

Thus, for a period of performance should be recognized date of the document confirming acceptance of the goods carrier or organization of communication for delivery to the purchaser or the date of acceptance document. Date of performance by the seller of its obligation to transfer the goods is of paramount importance, since it is this date, as generally determined by the moment of transition from seller to buyer risk accidental loss or accidental damage of the goods.

Product Number

Amount to be transferred to the buyer of goods to be determined in the contract in certain units or monetary terms. Together so allowed the possibility of negotiating parties in the contract only procedure for determining the quantity of goods (Section 1, Art. 465 CC). It is important noted, since the amount of goods belongs to the essential terms contract and the absence of a treaty implies recognition of the contract not concluded.

In the case of default by the seller of its obligations under the contract to transfer sold to the buyer, the buyer has the right to refuse to perform obligations. Unilateral refusal to perform obligations if the possibility of such refusal by law, shall entail cancellation of contract, the buyer retains the right to present to the seller claim for damages.

If the seller is not fulfilled the obligation to transmit to the buyer product, which acts as a specific thing, buyer may require the transfer of his seizure of the thing from the seller.
It should be remembered as contained in Art. 396 CC. rule according which damages caused by the failure to perform obligations relieve the debtor from performance of the obligation in kind. Therefore Buyer must request a transfer of the goods or compensation the damages.

In the case of breach of contract on the number of goods the buyer is entitled, unless otherwise specified in the contract, refuse transferred goods and to pay for them, and if they are paid, require the return of money and damages.

If the seller give the buyer goods in excess specified in the contract, the buyer may, as otherwise provided totalk, to take all the quantity, but on condition that within a reasonable time after receiving his message on the flow of goods in quantity exceeding specified in the contract, the seller does not dispose of the relevant goods. In this case, the goods must be paid by the buyer at a price established by the contract, unless another price is not determined by agreement of the parties.

range of goods

sales contract may provide that the transfer subject goods in a certain ratio by type, model, size, colors and other characteristics (range). Seller of such a treaty obligation allocate the goods in the range agreed by the parties (Art.
467).

transfer due to the contract by the seller of goods in violation of terms of product range gives the buyer the right to refuse to accept them and payment, and if they have already paid for, to demand the return of money paid amounts and damages. If the seller give the buyer along with products, which range corresponds to the contract, the goods in violation of contract terms of the assortment, the buyer may opt to: take goods in stock, listed in the contract and refuse other goods; abandon all goods received; demand replace products that do not meet the contract on the range, Products in the range prescribed by the contract; take all passed goods (Art. 468).

In practice, often there are situations when a substance obligation obviously follows that the party ordered goods must be transferred to the buyer in a certain range, but the condition itself about this in the contract for it. Then the seller can transfer to the purchaser goods in stock, based on the well-known to him at the time of the contract requirements of the buyer, or does refuse to perform contract.

Goods not complying with the terms of agreement about the range, deemed accepted if the buyer within a reasonable time after receiving them not inform the seller of its rejection of the goods.

Virtually all contained in the Civil Code rules governing the relationship between seller and buyer in cases where not met Conditions of the assortment of goods, is dispositive. Case that the condition of the range of purely contractual and should be agreement of the parties. It is difficult to contract (in the normal property turnover), where there are no conditions on the range of goods purchased, which forced both parties would be guided by non-mandatory rules of the Code. However, Unfortunately, it happens.

Quality Product

Following the domestic and world practice, the Code imposes strict quality assurance and not subject to limitation of liability of the seller violation of the requirements for goods. Is clearly the right buyer at recovery of damages caused by the acquisition of low-quality goods. Along with that any buyer may choose to require a reduction purchase price, or free elimination of N


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