Concluding actions

Concluding actions are acts of a person not in oral or written form, but specific behavioral acts. They can be very different.

Measures to fulfill the terms of the contract fixed in the offer, made by the person who received the offer on time, is considered an acceptance (consent to payment), unless otherwise stipulated by law, other acts or in the offer is specified. In this case, it is considered that the participants of the formed relations reached an agreement on the significant terms of the contract. Together with this, in this case, in some cases it is quite difficult to determine the will of a person who performs concluding actions. In this regard, for conversion into acceptance, their implementation is necessary in accordance with the conditions specified in the offer.

In accordance with the legislation in force earlier, concluding actions were not associated with any legal consequences. This, in turn, placed bona fide participants in property relations in a difficult situation. Starting the shipment in response to the offer of the counterparty, who subsequently refused to pay the order, they suffered losses, since the court refused to recover late payment interest and losses caused by untimely payment of the product. Failures were due to the fact that the justice agency took these relations as unconditional. As a result, in practice, often there were situations when legal (formal) decisions stopped this or that sphere of civil turnover.

It should be noted that in the case when the parties directly stipulate the acceptance, the conclusive form becomes unacceptable. For example, the International Commercial Arbitration Court, when reviewing the claims arising from the construction agreement, found that the terms of the contract allowed the execution of additional work in accordance with the instructions of the customer on the basis of signing an appropriate supplement to the main agreement if they (work) And the cost of fulfilling the main contractual obligations. Within the framework of this direct requirement on the need to sign an amendment to amend the scope of work, the court was unable to recognize the plaintiff's position as justified. In accordance with the applicant's position, these agreements were in fact the result of committed conclusive acts by sending an offer (proposal) on execution of additional work to the respondent and acceptance by the defendant in the form of an admission to the construction site of the contractor's workers.

In arbitration jurisprudence, there is also the issue of the possibility of accepting as an acceptance of the draft contract, according to which there is a repeated shipment of products during the period of validity, the case when the person who received such a project fulfilled the obligations provided only during the first period of its operation. In this connection, the Plenums of the Supreme Arbitration and the Supreme Court explained that the recognition of the corresponding actions by acceptance does not require the fulfillment of the conditions of the offer in full. At the same time, it is enough that the person who received the project starts executing it on the specified conditions and within the set time for its acceptance.

Rarely, concluding actions are used to terminate the contract. In these cases, it is not uncommon in judicial practice to have problems with their proper interpretation.

There are a number of signs that are characteristic of concluding actions. First of all, they must meet at least some of the terms of the contract. The acts in question must not contradict the subject matter of the agreement as an essential condition. In addition, they must be made on time, which is established for the acceptance of a certain offer.

Property legal relations (unilateral transactions, including) arise as a result of certain acts. At the same time, their correct interpretation is important.