A treaty in civil law is called an agreementbetween two or more persons on the establishment, modification or termination of civil obligations and rights. The contract can be concluded in notarial, oral and written form.
The will of the parties that conclude the contract should be coherent, and not only reciprocal, that is, in content and scope it must coincide.
On each side, the contract requires reciprocal satisfaction.
Legal entities and individuals, as well as various legal entities (municipalities, state, international organizations) may be parties to the contract.
This contract is applied in three ways:
- as a document that records the fact of the emergence of obligations by the will of participants;
- as a fact that generates obligations;
- as a legal relationship.
A contract for gratuitousprovision of services, if the obligation to provide anything to the other party is assumed by one party. The two groups are divided into all gratuitous contracts. These are contracts of commission (alternative gratuitousness), storage and trust management of property. The second group is an imperative gratuitousness (gratuitous use agreements) and gift contracts.
In order to conclude a contract of gratuitous provision of services, the existing practice of concluding contracts is quite a usual written form. When it is drawn up, a legal entity is involved.
In cases where the written form of the contract is notthe parties can not use the testimony. If a dispute arises, you can give evidence in writing and other evidence. Each contract can refuse from the contract. In recognition of this, it is necessary to place the other party one month before the termination of the contract.
A very common type of such documents is the contract of gratuitous provision of services. A sample of such a contract can not be found.
The law prohibits the registration of certain typesfree of charge contracts. The purpose of the ban is to protect the interests of citizens who are incompetent, to prevent violations by public servants, to comply with morality and morality, to prevent abuses among entrepreneurs.
There are also agreements of a gratuitous character, which are a legal confirmation of the gratuitous transfer of property.
In the document called "contract of freeprovision of services "indicate data that allows you to specify the property that is transferred to gratuitous use. If such data are not available, the terms of the contract will be considered inconsistent, and the contract - not concluded.
Property that is received for free use must be in good order. It is even possible to carry out major repairs and incur all expenses for its maintenance.
The contract of gratuitous rendering of servicesassumes two parties - the borrower and the lender. The lender is the owner of the transferred property for use or a person who is authorized by the owner of the property or by law to grant the property for use (loan). According to the law, a commercial organization has no right to transfer property to a person who is a member of its control or management bodies, a leader, a participant, or a founder for gratuitous use.
Any person can act as a loan recipient. However, in cases that are provided for by the borrower or the law, only certain entities can receive something in a loan.
The contract of gratuitous rendering of services assumes the presence of certain conditions on the subject of the service contract, the terms of rendering services, the procedure for payment for services.
