☰ Contents · State and law

Civil-law contracts

Lessons 15 · 1 lessons · V. A. Kostetskiy. Foundations of state and law, Grade 10, 1st edition. Yangiyo‘l Poligraf Servis, Tashkent, 2017
15

Terms of civil-law contracts

Textbook: pp. 66–73
GoalExplain the concept and features of a contract, offer and acceptance, the rules of concluding a contract and the main types (sale, exchange, gift, charitable donation).
New words
contract · shartnomaoffer · ofertaacceptance · akseptcontractual penalty · neustoyka
Explanation

A contract is an agreement of two or more persons to create, change or end civil rights and duties. Its features are voluntariness, at least two parties, mutual rights and duties, and agreement on all proposed terms. A contract is concluded by an offer (a definite proposal to conclude it) and acceptance (unconditional acceptance of the proposal); an offer addressed to an indefinite circle of persons is a public offer (for example an online shop listing), and consent can be expressed by letter, SMS, electronic message or conduct. The contract is considered concluded when the person who sent the offer receives the acceptance; for contracts that require handing over property, from the moment of handover. Essential terms include first of all the subject of the contract, as well as the time of performance and other terms either party requires; penalties for breach of deadlines (a contractual penalty — a sum set by law or contract) may also be included. Contracts are distinguished by subject: sale (property passes for a price), exchange (one property swapped for another; unless agreed otherwise the things are presumed equal in value and a difference is compensated in money), gift (free transfer), charitable donation (free giving for public-benefit purposes), lease, work contract and others. A model contract usually has sections on the parties, the subject, rights and duties, price and settlement, liability, dispute resolution, term and details; unilateral cancellation or change is allowed only in cases provided by law or the contract.

Worked examples
An online shop page states a phone’s price and delivery terms — a public offer. If the buyer clicks “buy” and pays, this counts as acceptance and the contract is concluded; the shop must deliver and the buyer must pay.
Farid swapped his used bicycle for his neighbour’s sewing machine. Unless agreed otherwise the items are presumed equal in value; if the bicycle is much more valuable, the difference is compensated in money. Once the contract takes effect each side loses ownership of its own item and gains the other’s.
Class activity

“Draft a contract” exercise: pairs write one or two sentences for each of the 8 sections of a model contract for an imaginary sale (a book purchase for the class library, no real data) and exchange an offer for an acceptance.

Practice
1
What is a contract and what are its main features?
2
What are offer and acceptance? When is a contract considered concluded?
3
Classify as sale, exchange or gift: a) selling a book for money; b) swapping a book for another book; c) giving a book free at a birthday.
4
Why is it useful to state the time of performance and liability terms in a contract?