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the Chapter II. Elements of the contract of retail purchase and sale. Especial] makings contract of retail purchase and sale.

According to item 420 GK the Russian Federation the contract "admits the agreement of two or several persons on an establishment, change or the termination of the civil rights and duties".

The Civil-law contract - complete structural formation, system of certain elements. A word "element" the component difficult whole "means", "component". Thus, elements grazhdansko - the legal contract represent its structural parts.

To contract elements traditionally carry the contract parties, the contract form (in the cases defined by the legislator as well the standard requirement about the state registration) and the contract maintenance as transactions (treaty provision) and as legal relations (the rights and duties of the parties) [151 [152] [153]. In the same sequence the specified elements of the contract are listed and in item 432 GK the Russian Federation.

The contract - concept multiple-valued. Since times of the Roman Law the contract is traditionally considered from three points of view: as the basis of occurrence of legal relations (i.e. as the juridical fact), as the legal relation which has arisen from this basis, and, at last, as the form which corresponding legal relation accepts [154]. In theory of law besides the specified approaches it is possible to meet and other points of view on essence of the civil-law contract. So, sometimes the contract is understood as the certificate individual under standard regulations, a special way of will, set of conditions etc.

Accordingly, depending on that is understood as the contract, representation about its elements varies also. So, considering the contract as the document fixing the rights and duties of the parties, to its elements it is possible to carry certain parts of its text: a preamble, essential and other treaty provisions, final provisions.

It is possible to carry to contract-legal relation elements [155]: subjects of legal relation, its object and the rights and duties субъектов2.

Concerning a question of elements of the contract, there are also other, less traditional points of view, not stopping on a problem of definition of elements of the civil-law contract in detail, further in the research we will adhere to the most widespread in theory of law of the point of view of a pas this question according to which structural parts of the contract concern: the contract parties, its form and the contract maintenance as transactions (the treaty provision of retail purchase and sale) and as legal relations (the rights and duties of the parties).

Any contract including the contract of retail purchase and sale, represents the certain structure consisting not only from its certain elements, but also their interrelations. Most brightly given interrelations in the contract of retail purchase and sale are shown in that case when the contract party varies. The maintenance of the contract of retail purchase and sale in this case varies: treaty provisions, including a condition about a subject of the contract, the right and a duty of the parties.

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A source: Horoshavina Hope JUrevna. Legal regulation of contractual relations of retail purchase and sale. The dissertation on competition of a scientific degree of the master of laws. Kazan - 2007. 2007

More on topic the Chapter II. Elements of the contract of retail purchase and sale. Especial] makings contract of retail purchase and sale.:

  1. the Chapter I. The Civil-law doctrine and the legislation on retail purchase and sale. Kinds of the contract of retail purchase and sale,
  2. 3. The form of the contract of retail purchase and sale. Features of making contract of retail purchase and sale.
  3. 1. The parties of the contract of retail purchase and sale.
  4. 1. Researches of the contract of retail purchase and sale in the Russian To jurisprudence.
  5. 2. The maintenance of the contract of retail purchase and sale.
  6. 2. Concept and contract elements (the foreign trade contract) international purchase and sale of the goods
  7. 3* Kinds of the contract of the retail purchase-prodazhi*
  8. 1.2. The Legal protection at purchase and sale breach of contract in the international trade right
  9. 2. Execution of the international contract. Structure of contractual communications and kinds of the documents which are making out execution of the international contract of purchase and sale
  10. 1.3. Protection Legal regulation at purchase and sale breach of contract in the Russian Federation
  11. the First chapter. The CONTRACT of the INTERNATIONAL PURCHASE AND SALE of the GOODS In SYSTEM of CIVIL LAW of the RUSSIAN FEDERATION
  12. the Chapter II. Separate remedies at law in case of breach of contract of the international purchase and sale of the goods
  13. the Chapter I. General provisions on a legal protection in case of breach of contract of the international purchase and sale of the goods
  14. 1.1. Protection Legal regulation at purchase and sale breach of contract in foreign countries
  15. Regulations of an establishment (change) of rates of purchase and sale of a cash foreign currency, purchase (payment) and sale of documents of payment in a foreign currency at the expense of means of citizens General provisions
  16. Horoshavina Hope JUrevna. Legal regulation of contractual relations of retail purchase and sale. The dissertation on competition of a scientific degree of the master of laws. Kazan - 2007, 2007