How to determine the date of the contract
How to determine the date of the contract
The financial and economic activities of organizations and entrepreneurs are based on treaties. In practice, there are often situations whereit is required to establish the moment of occurrence of mutual obligations of the parties, and the date of conclusion of the contract in the text is not indicated or is indicated in the paragraphs by different numbers.
Instructions
1
The main rule for determining the date of the contractis established in art. 433 of the Civil Code of the Russian Federation: the contract is considered concluded at the time of receipt by the person who sent the offer of its acceptance within the term specified in it or established by law. In other words, the date of signing the contract by the party to whom the proposal for cooperation was sent and the initiator's notification is the date of the conclusion of the contract. The notice may be oral, written or expressed by commencing the performance of obligations under the contract.
2
Use the following date models- if the date occurs in the "cap" of the contract and next to the signatures of the parties, take into account the latest - if the text has a direct indication of a specific the date the entry into force of the treaty, refer to it in the documents specifically - if the text of the contract the date it is impossible to determine, determine the moment of the beginning of fulfillment of obligations by the parties - it will be considered the date of conclusion of the contract.
3
For a number of contracts, the date of imprisonment isthe moment of transfer of a thing or money: for a loan agreement or a loan agreement - the date of handing or transferring money to the borrower's settlement account, for a storage contract in a commodity warehouse - the date of acceptance of the item to the warehouse, for the insurance contract - the day of payment of the insurance premium or its first part.
4
A special group consists of contracts that are subject tostate registration. In this case, only the date of state registration of the transaction in the register has the value, so when resolving disputes about the date of conclusion of the mortgage agreement or, for example, assignment of the right of claim, pay attention to the stamp of the registering authority. The same rule applies to contracts requiring notarial certification: the contract is considered concluded on the day of the notary's creation of a certification inscription.
