Individuals have the right to concludetransactions and contracts in various forms: in oral or written (notarial or simple). If the legislative acts do not establish the form in which an agreement will be concluded between individuals, the transaction may be made orally.
In the same form, anytransactions that are concluded at the time of their execution, unless the agreement of the parties provides for other conditions. If a notarial or written simple form is established for entering into a contract, then verbally concluding it will entail invalidity. By agreement of the parties, transactions concluded in writing, in the performance of the contract may be made orally, if this condition does not contradict the law.
In writing, a simple contract betweenindividuals is concluded by drawing up a document in which its content will be expressed. The agreement must be signed by the persons making the transaction or persons authorized to do so. By agreement of the parties or the legislation, supplements may be established that determine the form of the contract (seal, use of a special form, etc.) and provide for the consequences of non-fulfillment of these conditions. In the absence of such consequences, non-compliance with the written simple agreement form may be applied.
If a citizen due to illiteracy, illnessor a physical disability is not able to personally sign an agreement between individuals, then on his instructions or request on the document expressing the transaction, any person may sign. At the same time, this procedure must be notarized and state the reasons why the contracting person could not sign it himself.
Agreement between individuals in writinga simple form, with the exception of agreements that require the presence of a notary, should be concluded when the amount of the transaction exceeds ten times the wage (minimum salary). In the same form contracts are concluded between individuals and companies.
When notarizing agreements on the contract, the signature is signed by a notary or another person, whose position gives him the right to commit such acts.
The notarial form in whichagreement between individuals, is used in cases stipulated by law. This is required when concluding agreements on mortgage, pledge of property, assignment of right of claim, rent, will, power of attorney, etc. Notarization can be used by agreement of the parties, even if by law the execution of this act is not necessary. The implementation of a notarization gives the transaction a greater legal weight, insuring it against possible invalidity. After all, before you put a signature, the notary must determine the capacity and legal capacity of the parties to the contract.
Pledge agreement between individualsmade in a simple written form. To complete such a transaction, the mortgagee and the mortgagor enter into legal relations. The first person is the person who accepted the property as a pledge, the second party provides the pledge. The contract must specify the terms for the return of money or property, which are the subject of the transaction, as well as the responsibility of the parties, arising from default.
A very common type is the contract of sale between individuals. These transactions are concluded in oral or written simple form (with the appropriate amount).
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