rules under which formalized a civil contract, the concept of which is closely related to barter, it was complicated and developed in the process of development of the respective turnover.Thus, in the classical Roman legal disciplines began to use technical terms.So, we introduced the concept of the contract (contractus) and agreement (conventio).Agreement constitutes the agreed will of the parties concerned.The concept of a contract between the parties is secured obligations relations.Parties are generally referred to as counterparties (from contrahere - enter into a commitment by agreement).
In modern jurisprudence the concept of a contract is considered to be quite significant.
First of all it is regarded as the same (agreed) will (agreement) stakeholders (parties).Sent to change this agreement, or the termination of the establishment of specific obligations and rights.When viewed from this side, the contract is a legal fact-transaction basis for the formation of debt relationship.Thus, any transaction (bilateral or multilateral) can be attributed to this category.This Agreement shall apply to himself the relevant rules on transactions and forms as well.
notion of contract also applies to legal relations that have arisen as a result of the transaction, as in this case there is a realization of subjective rights and obligations of counterparties.For example, when considering communications, established by the agreement, the execution of the agreement, responsibility for failure, have an obligation.In connection with this legal relationship subject to these general provisions on obligations.
In addition, the contract is often seen as an instrument by which the transaction is recorded.In other words, by means of this agreement are fixed duties and rights of the parties.It should be noted that the above understanding of the term is considered quite arbitrary.This is due mainly to the fact that the agreement may be executed not only as a single document signed by all parties concerned.However, with this document it is always referred to the contract and within the foreign trade turnover - contract.
Existing law gives certain signs agreement under consideration.Thus, in accordance with the law, the contract is considered to be an agreement between two or more persons of the occurrence, cessation or change in civic duties and rights.
presented in this kind of case, the transaction agreement is characterized by overlapping actions of the parties who have expressed a mutual will.At the same time there is focus of these actions (to change, or the termination of the establishment of relations).
These features form the main legal effect of the agreement, which provides connectivity counterparties corresponding obligations.However, it should at the same time distinguish the Treaty is a bargain, and how it has arisen due to the commitment of the parties to enter into.
essence the last definition is the essence of the rights and obligations of counterparties.When that deal only calls (sets) of making legally valid.The subsequent implementation by the parties of the agreement is a just settlement of liabilities.
This frame agreement is formed not only the final result, but also the actual content of the agreed actions of the participants to achieve it.
performing a regulatory function, the agreement avoids the various conflicts.For example, the concept of the collective agreement provides for the regulation of relations between employer and employee.
