Civil Code provides a number of contracts, which in their diversity can be confusing.Furthermore, many entrepreneurs invent their contract which are not covered by the legislation, but not contradict it.Therefore, to somehow understand this sea of paperwork, all liabilities are divided by type.All of them in their legal orientation are divided into two broad categories: basic and advanced.
primary or final contract is when it becomes necessary to move any material benefits.This could be the transfer of goods, services, works, payment, etc.The preliminary contract - this is just an agreement between two parties to conclude the main contract in the future.It does not occur commitment moving any material benefits.
Very often, the parties are negotiating, agreed the details of a future transaction.The entrepreneur can prepare for the implementation of the commitments, with gaining new employees, purchasing expensive equipment, processing loans and business partner in the most inopportune moment just take and refuse to bargain.As a result, the entrepreneur loses, and to defend their rights in court may not, because there is no strong evidence of self-righteousness.
here such exposure, due to force majeure and a preliminary contract.This interim document is a guarantee that in the future the two sides fulfill their obligations, and otherwise - cancel each other resulting damages.It is used in various fields.Thus, it may be concluded a preliminary contract, sale, storage, delivery, etc.
Many entrepreneurs do not understand the significance of this document, so they can take on a serious commitment, without even knowing it.The preliminary contract obligates the parties in the future, conclude the final agreement.At the same time it is necessary to register the basic conditions: subject, date, price, etc.If one party refuses to perform the obligations, the other may appeal to the court, giving as evidence of his innocence preliminary contract.
Often even such a serious document can not help win the case for the simple reason that it is made correctly.One of the contractors may even specifically prevent any mistake, then to avoid punishment or to compensate losses.Keep in mind that the preliminary agreement is a very serious document, to conclude it must be in compliance with all the rules, as well as basic.It must be spelled out all the conditions, bear the stamp of organizations, signatures of heads, given all the details.
To fulfill any obligations must be approached very seriously.Unfortunately, not all entrepreneurs understand it.To avoid unscrupulous contractors are encouraged to enter into preliminary agreements with all the rules of their registration.So, you can be sure that the other party to perform the obligations or pay damages.
