COMMITMENTS FROM SINGLE-PARTY ACTIONS
Commitments from the public promise of reward
In accordance with paragraph 1 of Art. 1055 of the Civil Code, a person who declared publicly about the payment of a monetary reward or the issuance of another award to someone who commits the stated legal action in the announcement within the time established therein is obligated to pay the promised reward to anyone who committed the relevant action, in particular, found the lost thing or informed the person who declared about the reward, the necessary information. The obligation to pay the reward arises on the condition that the promise of the award allows you to establish whom it is promised (item 2 of Article 1055 of the Civil Code).
The promise of the reward is addressed to any person who will commit the conditioned actions. However, they can not claim the reward of a person:
• who, through their unlawful conduct, created the prerequisites for a public promise of a reward (who stole the wanted item);
• Those who found such a thing and violated the standards of the Civil Code of the find, i.e. not having declared a find or hiding the found thing;
• for which the actions resulting from the announcement of the award are an official duty.
The amount of remuneration may not be specified: in this case, it is established by agreement of the parties, and in case of dispute - by the court.
Promise expiration can be defined directly in the ad. In other cases, the term is assumed to be reasonable, i.e. corresponding to the term of the objective interest of the person who announced the award in fulfillment of the conditioned actions to the person who returned to this announcement.
The person who committed the action specified in the announcement has the right to remuneration, regardless of whether it knew about the promise of the reward at the time of this action.
The person responding to the announcement has the right to demand written the confirmation of the promise contained in it and carries the risk of the consequences of not filing this claim if it turns out that the announcement of the award was not made to the specified in it the person.
In cases where the action specified in the announcement was committed by several persons, the right to receive the reward is acquired by the one who committed the action first. If it is impossible to determine, who committed the relevant act first, and also if the action is committed by two or more persons at the same time, the reward between them is equally divided or in another amount stipulated by the agreement between them (Article 1055 of the Civil Code).
According to Art. 1056 of the Civil Code, a person who announced publicly that an award has been paid may, in the same form, waive this promise, except when the ad itself stipulates or excludes refusal or refusal a certain period for the performance of the action for which the reward was promised, or by the time of the announcement of the refusal, one or more of the responding persons have already performed the action specified in the announcement. The cancellation of the public promise of the award does not release the person who announced the award from refunding the expenses incurred by them to the respondent due to the fulfillment of the conditioned action within the award specified in the announcement.
Obligations from a public competition
In accordance with paragraph 1 of Art. 1057 of the Civil Code, a person who has publicly announced payment of a monetary reward or another award for the best performance of work or achievement of other results (public competition) must pay (issue) a stipulated award to someone who, according to the terms of the competition, is recognized as the winner.
Public competition must be aimed at achieving socially useful goals. The announcement of a public competition must necessarily contain the following conditions (clause 4 of Article 1057 of the Civil Code):
1) the essence of the job;
2) criteria and procedure for evaluating the results;
3) place, timing and order of presentation of results;
4) size and form of remuneration;
5) the procedure and terms for announcing the results of the competition.
The invitation to the competition can be drawn to a different circle of people. Accordingly, the contests are divided into open, limited and closed.
Open Contest means the organizer of the contest invites to participate in it to all comers by means of an announcement in the media.
Closed Contest means sending such an offer to a certain circle of people at the choice of the contest organizer.Limited competition is a kind of open competition, but with the admission to participate in it only those who meet the organizer's requirements (for example, children of a certain age, people of the same profession and m.).
If an open tender is held, preliminary qualification of its participants is allowed for pre-selection of persons who wished to take part in it (paragraph 2 of clause 3 of Article 1057 of the Civil Code).
In the conditions of the competition, the organizer may provide for a conclusion with the winner of the contract about the use of the result of the competition. This condition is mandatory for the organizer of the competition, and he has no right to refuse to conclude the said contract (clause 5 of Article 1057 of the Civil Code).
The decision to pay the award must be made and notified to the contestants in the manner and within the deadlines set in the announcement of the competition.
If the results indicated in the announcement are achieved in work performed jointly by two or more persons, the award is distributed in accordance with the agreement reached between them. If such an agreement is not achieved, the procedure for distributing the award is determined by the court (Article 1059 of the Civil Code).
If the subject of a public competition constitutes the creation of a work of science, literature or art and the terms of the competition does not stipulate otherwise, the person who announced the competition shall acquire the pre-emptive right to conclude an agreement with the author of the work awarded the award, on the use of the work, (item 1060 ГК).
A person who has announced a public competition has the right to change its terms or cancel the tender, but only during the first half of the deadline set for submission of works. At the same time, the corresponding notification must be made in the same way as the tender was announced. If these conditions are not met, the contest organizer must pay the reward to those who performed the work that satisfies the conditions specified in the announcement.
In the event of a change in the terms of the competition or its cancellation, the person who announced the tender must reimburse the expenses incurred by any person who fulfilled the job stipulated in the advertisement before it became or should become aware of a change in the terms of the competition or its cancellation. The organizer of the competition is exempted from the obligation to reimburse expenses if it proves that the work was not performed in connection with the contest, in particular before the announcement of the competition, or it certainly did not comply with the terms of the competition.
Obligations from games and wagers
The game is a random prize draw, formed from the contributions of the participants themselves, who risk them by making these contributions as a payment for the right to participate in Game. The betting is a variation of the game in which the occurrence of random winning circumstances is predicted by the bet participants themselves, in the field of questions posed by their organizer.
The current United States legislation does not, as a general rule, link the emergence of civil rights and obligations with participation in games and wagers, denying legal protection to citizens and legal entities arising from the requirements of the state (Article 1062 of the Civil Code). Only in cases directly stipulated by the rules of Ch. 58 Civil Code, the relationship arising in connection with the organization and conduct of games and betting is given legal significance. In particular, judicial protection of claims of persons who took part in games or bet under the influence of fraud, violence, threat or malicious agreement of their representative with the organizer of games or betting is possible.
The organization of games is considered licensed. In addition to the United States, subjects of the United States and municipalities, all other persons can act as organizers of games and wagers only on the basis of a license obtained from an authorized state or municipal authority.
The relationship between the organizers and participants of the games is based on the contract (item 1 of Article 1063 of the Civil Code). At the same time, this transaction has a risky character only for the participant of the game, since the amount of the prize fund is always less than the amount of the players' contributions.
In cases stipulated by the rules of the organization of games, the contract between the organizer and the participant of the games is drawn up by issuing a lottery ticket, receipt or other document.
The offer of the organizer of games on concluding a contract must contain conditions on the timing of the games and the procedure for determining the prize and its amount (Paragraph 1 of Item 3 of Article 1063 of the Civil Code).
The law provides for the obligation payout by the game organizer to persons who, in accordance with the terms of the lottery, sweepstakes or other games, are recognized as winners, in the form or in kind) and the term, and if the period is not specified in these conditions - no later than 10 days from the moment of determining the results of the games. In case of failure of the organizer of the games to fulfill this obligation, the winning participant has the right to demand payment of the winnings, as well as compensation of losses caused by the violation of the contract on the part of the organizer.
In case of the organizer's refusal to hold the games in the specified time, the participants of the games have the right to demand from their organizer the reimbursement of the incurred due to the cancellation of the games or the transfer of their real damage time (ст .1063 GK).
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