The rules, according to which thecivil-law treaty, the concept of which is closely connected with trade, became more complicated and developed in the course of the corresponding development of this turnover. Thus, in the classical Roman legal discipline, special terms were used. So, the concept of a contract (contractus) and an agreement (conventio) was introduced. The agreement was the agreed will of the interested parties. The concept of the agreement provided for the consolidation of obligations between the participants. Parties, as a rule, are called counterparties (from contrahere - to enter into an obligation through an agreement).
In modern legal science, the concept of a treaty is considered rather significant.
First of all, it is viewed asthe agreed (agreed) will of (agreement) of the interested parties (parties). This agreement is aimed at changing, establishing or terminating specific duties and rights. If you look at this side, the contract is a legal fact-transaction, the basis for the formation of legal relationships. Thus, any transaction (bilateral or multilateral) can be assigned to this category. At the same time, the relevant rules on transactions and their forms are applied to the agreements themselves.
The concept of the treaty also applies tolegal relationships that arose as a result of the conclusion of a transaction, since in this case there is a realization of the subjective rights and obligations of counterparties. So, for example, when the relations established by the agreement, execution of the agreement, responsibility for non-fulfillment are considered, there are obligations. In this regard, these legal relations are subject to general provisions on obligations.
In addition, the contract is oftenas the document through which the transaction is recorded. In other words, with the help of this agreement, the duties and rights of the parties are fixed. It should be noted that this understanding of the term is considered rather conditional. This is mainly due to the fact that the agreement can be formalized not only as a single document signed by all interested parties. However, in the presence of this document, it is always called a contract, and within the framework of foreign economic turnover - by a contract.
The existing law grants the consideredagreement on certain grounds. Thus, in accordance with the law, an agreement is an agreement between two or more persons on the appearance, termination or alteration of civil obligations and rights.
Presenting in this case a kind of transaction,the agreement is characterized by the presence of concurrent actions of the parties, which express mutual will. Along with this, there is a focus of these actions (on the change, establishment or termination of legal relations).
These features form the mainThe legal effect of the agreement, which ensures the coherence of counterparties with the relevant obligations. However, it is necessary to distinguish between the contract, which is a transaction, and the obligation of the parties arising from its conclusion.
The essence of the latter definition is the essence of rights andobligations of counterparties. At that, the transaction only names (establishes) them, making legally valid. The subsequent fulfillment by the parties of the terms of the agreement is exactly the fulfillment of obligations.
At the same time, the framework of the agreement forms not only the final result, but also the content of the coordinated actions of the participants in order to achieve it.
In carrying out the regulatory function, the agreementallows to avoid various conflicts. So, for example, the concept of a collective agreement provides for the regulation of the relationship between the employer and the employee.
