Essential terms of the contract

Essential conditions of the contract are extremely important factors in the process of interaction between the parties, because the absence of at least one of the required conditions is considered a ground for the recognition of such an agreement as invalid. In practice, this principle has become an apple of discord in the relations of individual economic agents. In the event of serious disagreement, the firm's lawyers begin lengthy court proceedings, trying to prove the illegality of the contract due to the lack of important items in it.

All the essential terms of the contract can be grouped as follows:

1. Concerning the subject matter of the agreement.
2. Regulated by the legislation of the Civil Code.
3. Established directly by the parties to the transaction.

It should be remembered that a simple signing of an agreement is not yet a guarantee of concluding a deal. After all, if the contract was not carefully developed by specialists, the risk of omission of important details increases. And, as you know, the lack of even one condition, called essential, leads to the cancellation of the contract.

The subject of the treaty serves as an instrument specifying it. It reflects the nature of the transaction, that is, the agreement should include a specific type of product or service. The type of contract depends on the subject - for example, if there are obligations to provide products in a specific volume for a fixed price, a sales contract is signed, and if we need to gain confidence in the production of values, a contract agreement is drawn up .

In this case, the enterprise itself or the organization has every right to put forward its essential contract terms. In particular, one party may obtain consent to the inclusion of such an item as the need for notarization of documents or the proportional division of the amount paid as a duty, when delivered through customs. Of course, in the legislation these conditions are not mandatory, but for the managers of enterprises can be significant, since they can significantly reduce their own costs or share risks.

When drafting any contract, specialist assistance is required. In addition, that it must contain a certain set of items that are mandatory, these conditions must be correctly formulated. And this is easy to do only for a person who specializes in this activity. For example, the essential terms of the service contract include the specific time and place of their implementation, and a specific type of work should be indicated. If other formalities are observed and the above information is displayed in full, then the contract can be considered a prisoner, and, consequently, valid.

Especially it would be desirable to single out the essential conditions of the employment contract, since individuals often do not have the required set of skills and knowledge. The required data include the place and time of work, length of service, the system of payment and the size of the rate. It is necessary to clearly reflect the position of the person and his duties within the framework of the job description and production instruction. In this case, the employee must familiarize himself with his rights and requirements for work. In addition, when drafting an agreement, it is necessary to state truthfully and honestly the working conditions, as well as growth prospects and various benefits.

If an official, performing current duties, periodically uses the confidential information of the company itself or its customers, then the essential terms of the contract often presuppose an item on the non-disclosure of such information. In the case of the use of confidential documents for their own purposes there is a liability - up to the trial.