The conclusion contract’s patterns (in memory of B. L. Khaskelberg)

Abstract

The article is dedicated to the comprehention of the existing conclusion contract’s patterns. A number of the Civil Code of the Russian Federation’s rules, including art. 433 and art. 434 (point 1, paragraph 2), other rules concerning the process conclusion of a contract – art. 1017 (points 2, 3), art. 1234 (points 1, 2), art. 1235 (points 1, 2) – was analysed. Questions of the necessary grounds of the conclusion a contract (offer, acceptance, passing a property), the act of registration in a contract, the contract’s form are scrutinized. A number of inferences was made, in particular: a) consensual contract and real contract are two basic conclusion contract’s patterns, they can be complicated because of additional demands from the law or participants of a contract (of registration various objects – main obligatory bargain, act of passing a property or consequence of such an act, of agreed by the participants contract’s formalization); b) contract’s form has two sides, because it can be defined by the law or by an agreement, so form influences upon the concluded contract’s quality or upon the quality the process of concluding a contract; c) the rules of the art. 433 and art. 434 (point 1, paragraph 2) are universal and concern not only obligatory contracts, but disposal ones also; d) the moment of concluding a contract is defined by the basic pattern with taking into consideration complicating this pattern demands; e) the process of concluding a contract is a factual composition with various combination of elements (stages), which are accumulated gradually or in a free style. Inferences are made with taking into consideration legal amendments, illustrated by the examples of the concrete contracts.