How to conclude a contract?
“Contract” is a word of foreign origin and is translated as “deal”. In essence, this is a written contract, which reflects the agreement of two or more parties on the termination, establishment or amendment of civil rights and obligations. In addition, the contract is always written only.
Often the contract is confused with the contract. Even not every lawyer clearly distinguishes these concepts, if he has not encountered in his practice the legislative subtleties of this issue. Let's see what a contract is, what contracts are and how to conclude a contract.
What are the contracts?
There are many types of contracts: labor, military, marriage, sales, services, turnkey construction, etc. They have both similarities and differences.
All contracts are similar, first of all, in that the parties agree on the subject matter of the contract, the contract price and the deadline for the fulfillment of contractual obligations. The contract may stipulate other conditions.
Contracts may differ depending on the subject of the contract, the term of validity (long-term and short-term), in the form of payment (monetary, commodity, mixed), as well as on other grounds.
As an example, we consider two types of contract that are quite common in everyday life: a marriage contract and a contract with a maternity hospital.
The marriage contract has long been practiced abroad. Recently, in our country, more and more often they have resorted to this method of settling marital relations. However, not everyone knows how to enter into a marriage contract and what you should pay attention to. For example, many spouses do not know that such an agreement can be concluded before the registration of the marriage, and after registration. A prerequisite for its conclusion is the mutual desire of the spouses, as well as the personal presence of both parties at the time of the signing of the marriage contract.
As for the very subject of the contract between the wife and the husband, each of them determines their rights and obligations independently. In this case, the marriage contract may specify not only the relations in force during the marriage, but also the rights and obligations that come into effect after its termination.
The conclusion of a marriage contract is a serious and extremely important step, and you need to treat it with all responsibility.Misunderstanding in this matter or frivolity can later be costly for both spouses. It is enough to recall at least the sensational divorce proceedings of the famous businessman Roman Abramovich or the “sausage king” Nikolay Agurbash.
The marriage contract itself is drawn up in any form, in triplicate, after which it is notarized (this document is not valid without the notary's signature). Each spouse receives one copy, the third copy is kept by the notary.
The contract comes into force from the moment of its signing. And if such an agreement is signed before the registration of the marriage, it begins to operate only from the date of the official marriage. If the bride and groom entered into a marriage contract, and changed their mind to marry, their marriage contract loses legal force.
According to Russian laws, a marriage contract cannot express the interests of one spouse, while infringing upon the interests and rights of the other. It is not allowed, for example, in the marriage contract to regulate the degree of participation of each spouse in the upbringing of children, but it is allowed to negotiate expenses for their maintenance.A marriage contract cannot also regulate the non-material interests of both spouses (issues of adultery, homework, etc.).
Important point: a marriage contract that has entered into legal force cannot be terminated at the initiative of the husband or wife, but only with their mutual consent. Otherwise, the question of the termination of the marriage contract is decided through the court.
Contract with maternity hospital
Currently, the conclusion of such a contract - the phenomenon is quite frequent. What are the advantages of giving birth to this document, what is it for, and how to conclude a contract with the maternity hospital?
Such a contract has both positive aspects and negative ones. The main advantage of childbirth under the contract is a guarantee that the woman in labor will give birth in a certain maternity hospital, at a certain doctor, to be in the superior chamber (if it is spelled out in the contract) and under those conditions that are stipulated and documented in advance.
But for the comfort and everything else you have to pay, and pay a lot! This is perhaps the main disadvantage of this contract. Those planning a contractual delivery should consider the following points:
- first, before concluding a contract, you need to check whether the medical institution has a document for the right to provide such services;
- secondly, the contract on the part of the maternity hospital must be signed by a person authorized to do so;
- thirdly, it is necessary to make sure that everything that the host and service provider promises you is stated in the contract.
Remember that in the event of a conflict, something can be proved only if there is a written and officially executed document.
In conclusion, I would like to add that free delivery can be no worse than delivery under a contract. There are many medical institutions where friendly, caring, and most importantly, highly qualified staff works. Finding such a maternity hospital is not difficult at all; it is enough to look at the relevant ratings and reviews, to ask around from friends who have already given birth. Therefore, before you conclude a contract, weigh all the pros and cons.