In accordance with current regulations,the drafting of contracts should be carried out in strict compliance with the regulations that are in force at the time of the transaction. This provision has a key value for the subjects of legal relations. It is fixed in art. 422 of the Civil Code. Consider the article in detail.
The provisions of Art. 422 of the Civil Code
Соглашение должно соответствовать правилам, mandatory for the parties established by the mandatory rules. This takes into account those provisions that are valid at the time of the transaction. If, after signing an agreement, regulations are adopted that provide for other rules than those that occurred during registration, the terms of the contract drawn up remain in force. The exemption applies to legal provisions establishing that the effect of the approved new rules applies to previously concluded transactions.
Art. 422 of the Civil Code with comments
The considered norm has a special meaning notonly for relations arising in the framework of transactions, but also for civil turnover in general. This is due to the fact that its provisions relate such concepts as the contract and the law. The principle of freedom to enter into transactions is established by articles 421 and 1 of the Code. In accordance with them, the content of the agreements is determined by the parties at their general discretion. Together with these norms, certain restrictions on the freedom of contractual relations are established. The key legal factors affecting the will of the participants and the content of the agreements are the imperative provisions.
Subject norm
It is the ratio of the contract andof the law. First of all, it is considered in terms of the impact of norms on the agreement and the relations arising from its execution. Within the framework of this subject, art. 422 of the Civil Code of the Russian Federation:
- Sets the rules for the document to be signed. From this definition follows the possibility of establishing norms that the agreement should not contradict.
- Provides a brief explanation of the imperative provisions.
- Establishes the impact of changes in legislation on the content of the contract and the legal relationship outgoing from it. This determines the special rule of the rules in time.
According to the provisions of Article 156 of the Code, Art. 422 of the Civil Code applies to unilateral transactions, since it does not contradict their essence and nature, as well as existing legal acts.
The ratio of categories
The treaty and the law do not only serve aslegal fact and legal norms, they are regulatory acts that together model the relationship. The law is adopted by the rule-making institution within the framework of the existing public authority. They regulate the relations of all holders of civil law, which are based on agreements of any appropriate type. The contract, in turn, is made directly by the subjects by expressing their will to satisfy their own interest. He regulates the relations that follow solely from his conditions.
Imperative characteristic
A brief definition is given in p.1 commented article. However, the normal characteristic needs some clarification. According to clause 4,421 of the Article of the Civil Code, a norm is called dispositive a provision from which members of legal relations can, by mutual agreement, retreat. At the same time, they regulate their interaction in another acceptable way. The parties to the agreement have the right to exclude the use of the dispositive norm in the relations between them.
An imperative term is a clause from which the parties cannot depart at their own discretion. They also have no right to exclude the application of this norm to the relations that have arisen.
In p.1 of the article under consideration determines the range of acts in accordance with which the drafting of contracts should be carried out. It coincides with the list present in art. 3 of the Code. In this case, the legislator proceeded, apparently, from the fact that the subjects should not even have the slightest doubt that the contract cannot contradict the Constitution and federal norms. Indisputable is the fact that the document must comply with the provisions of international agreements.
Additionally
When interpreting the paragraph first commentedarticles need to pay attention to the question of whether the agreement must comply with legal acts of departments, ministries and other executive federal institutions of power. When conducting a systematic logical-legal analysis, the following conclusion can be made: the contract should not, but can correspond to the legal acts of ministries and other federal bodies. Under other regulatory documents, in particular, understand government regulations and decrees of the President.
