Validity of the contract, Public contract, Model contract terms...

Article 425. Validity of the Contract

1. The agreement comes into force and becomes binding on the parties from the moment of its conclusion.

2. The parties have the right to establish that the conditions of the contract concluded by them are applied to their relations that arose before the conclusion of the contract.

3. The law or the contract may stipulate that the termination of the term of the contract entails the termination of the obligations of the parties under the contract.

A contract in which such a condition is absent is recognized as valid until the moment of the end of the parties' performance of the obligation specified in it.

4. The expiration of the term of the agreement does not relieve the parties of responsibility for its violation.

Article 426. The public contract

1. A public contract is a contract entered into by a commercial organization and setting out its obligations to sell goods, perform work or provide services that such an organization, in the nature of its activities, should implement in relation to anyone who applies it (retail, public transport, communications services , energy supply, medical, hotel services, etc.).

A commercial organization may not prefer one person to another in relation to the conclusion of a public contract, except in cases provided for by law and other legal acts.

2. The price of goods, works and services, as well as other conditions of a public contract, shall be the same for all consumers, except in cases where the law and other legal acts allow the granting of benefits to certain categories of consumers.

3. The refusal of a commercial organization to enter into a public contract, provided that it is possible to provide the consumer with the goods, services, and perform the corresponding work for him is not allowed.

In case of unreasonable evasion of a commercial organization from the conclusion of a public contract, the provisions provided for in paragraph 4 of Article 445 of this Code shall apply.

4. In cases stipulated by law, the Government of the United States, as well as federal executive bodies authorized by the Government of the United States, may issue rules binding on the parties when concluding and executing public contracts (model agreements, regulations, etc.) (paragraph 4 in red Federal Law No. 160-FZ of July 23, 2008).

5. The terms of the public contract that do not meet the requirements set out in paragraphs 2 and 4 of this article are void.

Article 427. Model Provisions

1. The contract may provide that its individual conditions are determined by the provisional terms, developed for contracts of the appropriate type and published in the press.

2. In cases where the contract does not contain reference to model conditions, such exemplary conditions are applied to the relations of the parties as customs of business turnover, if they meet the requirements established by Article 5 and paragraph 5 of Article 421 of this Code.

3. Exemplary terms can be stated in the form of an exemplary contract or other document containing these conditions.

Article 428. Accession contract

1. The contract of accession is a contract, the conditions of which are determined by one of the parties in the forms or other standard forms and could be accepted by the other party only by joining the proposed contract as a whole.

2. The party to the contract has the right to demand the termination or amendment of the contract, if the accession agreement, while not contrary to the law and other legal acts, deprives this party of the rights usually granted under contracts of this kind, excludes or limits the liability of the other party for breach of obligations, or contains others explicitly Conditions that are burdensome for the acceding party, which, on the basis of its reasonably understood interests, it would not accept if it has the opportunity to participate in the definition and terms of the contract.

3. In the presence of the circumstances provided for in paragraph 2 of this article, the demand for termination or amendment of the contract presented by the party that joined the contract in connection with the performance of its business activities is not subject to satisfaction if the acceding party knew or should have known on what terms it concludes contract.

Also We Can Offer!

Other services that we offer

If you don’t see the necessary subject, paper type, or topic in our list of available services and examples, don’t worry! We have a number of other academic disciplines to suit the needs of anyone who visits this website looking for help.

How to ...

We made your life easier with putting together a big number of articles and guidelines on how to plan and write different types of assignments (Essay, Research Paper, Dissertation etc)