Договор – это соглашение, подписанное двумя или more people who establish the change and termination of the rights or obligations outlined by the Civil Code. It is recognized valid until the moment specified in it, when both parties will fulfill all their stated obligations. The conditions specified in the agreement are developed and signed with the consent of all parties, if their execution does not go against the current legislation. This is freedom of contract.
In the event that the normative documents,with regard to legal relations, certain provisions are established, including by the date of termination of the agreement, then the parties must not violate them. Only when all clauses of the agreement are agreed and approved by signatures, he is a prisoner. Legislation defines articles of the agreement that are considered essential. They include:
- subject of the contract;
- conditions stipulated by legislative acts;
- the main conditions that accent one of the parties.
As can be seen from the above, legislationdoes not consider the period of its validity as an obligatory component of the contract. However, there are exceptions, when the date specified in the agreement, refers to the mandatory conditions of one of its parties. There are also certain types of contracts, the duration of which is regulated by law. An example of this is the lease agreement. They can not be concluded for a period exceeding the one specified in the legislative acts.
Prolongation of the contract, or its extensionis carried out by agreement of the parties. This procedure can also be carried out in accordance with the law. For example, the prolongation of the energy supply contract, which was concluded for a certain period of time, is performed automatically under the same conditions. This is possible in the event that none of the signatories has made a statement on its termination, on making certain changes, or will not propose to state the agreement in a new edition. Prolongation of the contract, therefore, can be carried out repeatedly.
If the time limits for which you can concludeobligations, are regulated by legislative acts, then the actions of the parties must be somewhat different. For example, the extension of the lease contract is likely only within the limits established by legal acts. If the term of such an agreement is not initially established, but during its validity, none of the signatories stated about the termination of the relationship, it loses legal force after the end of the period.
The prolongation of the lease is the mostmeeting reception in cases where the originally specified period is a time interval of less than one year. Such obligations do not require registration in state bodies. In this regard, in order to not spend extra money and time, the contract is prolonged.
Sometimes, at signing of obligations on rentproperty, the parties initially include an item on their extension. However, this contradicts the legal acts and the essence of such a treaty, which is urgent. At the same time, the Civil Code fixes the provision for the renewal of obligations for an indefinite time in the event that the lessor has nothing against the use of property, and the tenant does not cease to own it.
Thus, to extend the contract for a new termit is possible only by agreement of the signatories and for a time period that is not prohibited by law. In order to implement this procedure, it is necessary to make an exchange of letters. You can specify the conditions for the extension of the contract in one of its items at the time of signing. The terms of the extension are agreed by the parties involved.
