An agreement with a certain period of validity. If the contract does not specify the expiration date of the contract

In some cases, such a provision may be enshrined in law. But in practice this has the following meaning. For example, two organizations have entered into a supply agreement under which goods are shipped monthly throughout the year, and payment must be made on the 10th day after receipt of the goods. The contract period is one year. The last delivery was on December 25, and the contract expires on December 31. It turns out that the buyer must pay for the goods after the expiration of the contract. So what, then you don’t have to pay? But regardless of the expiration date of the contract, the party will have to answer for violations of its obligations (Part 4 of Article 425 of the Civil Code of the Russian Federation). Possibility of extension If the parties have included a clause in the contract regarding its duration, then in the future they can change it. But this must happen by mutual agreement.

Information letter of the Supreme Court dated February 16, 2001 No. 59 “REVIEW OF THE PRACTICE OF RESOLVING DISPUTES RELATED TO THE APPLICATION OF THE FEDERAL LAW “ON THE STATE REGISTRATION OF RIGHTS TO REAL PROPERTY AND TRANSACTIONS WITH IT”). Why are they bad? Yes, because if you need to tighten the conditions for the counterparty (prices there to increase due to inflation or some other need), then it will not be possible to make changes without his consent, you will have to terminate it, and the possibility of its termination at the request of one of the parties should be provided for by this agreement.

It's a different matter when the contract has expired. If you want to continue working together, please accept the new conditions. And even if the counterparty accepts the changes being made, over a long period of time so many of them can accumulate that you get confused in additional agreements.

If the validity period of the contract is not specified, how long is it valid?

How to correctly interpret the contract extension clause? Please note: Traffic police fines will continue to be issued to the former owner of the car if the new owner has not re-registered the car in his name. It should also be borne in mind that the contract will be considered unconcluded if the court declares it invalid.
“An invalid transaction does not entail legal consequences, except for those related to its invalidity, and is invalid from the moment of its completion.” (paragraph 1, part 1, article 167 of the Civil Code of the Russian Federation) For example, this can happen when the seller and/or buyer violated the terms of the contract. More detailed information on invalid transactions can be found in Chapter.

9 § 2 of the Civil Code of the Russian Federation. What is the period for re-registration of a car under a purchase and sale agreement? According to clause 4 of Order of the Ministry of Internal Affairs of Russia dated November 24, 2008 N 1001, the new owner is obliged to register the car in his name within 10 days after purchase.

Is it possible not to indicate the validity period in the service agreement?

Attention

Preface 1. Structure of the agreement 2. Preamble 3. Subject of the agreement 4. Rights and obligations of the parties 5. Prices and payment procedure 6.

Responsibility of the parties 7. Duration of the agreement 8. Other conditions 9. Details and signatures of the parties 10. Appendices and additional agreements to the agreement 11.

Execution of the contract Art. 425 of the Civil Code of the Russian Federation provides that an agreement comes into force and becomes binding on the parties from the moment of its conclusion (that is, signing by both parties), but the parties have the right to establish in the agreement that the terms of the agreement they have concluded apply to their relations that arose before its conclusion, unless otherwise established by law or follows from the essence of the relevant relationship. That is, we conclude an agreement today, but it stipulates that everything that happened (figuratively speaking) yesterday and the day before yesterday is regulated by the same agreement.

Contract time

Therefore, if the contract establishes a deadline for the fulfillment of an obligation, but does not specify the validity period of the contract, it should be assumed that the contract is valid until the obligations under the contract are fully fulfilled. Article 425. Civil Code of the Russian Federation. Validity of the agreement 1. The agreement comes into force and becomes binding on the parties from the moment of its conclusion.
2. The parties have the right to establish that the terms of the agreement they have concluded apply to their relations that arose before the conclusion of the agreement. 3. The law or an agreement may provide that the expiration of the term of the agreement entails the termination of the obligations of the parties under the agreement.
An agreement that does not contain such a condition is recognized as valid until the moment specified in it when the parties fulfill the obligation. 4. The expiration of the contract does not relieve the parties from liability for its violation.

Again, it may be problematic to accept some expenses for tax accounting - in the absence of a valid agreement, they are either not fully documented, or not entirely economically justified. The easiest way to keep track of the validity period of contracts is when their expiration date is the same for all counterparties, for example, everyone’s favorite December 31 of the current year.

The end of the year turns into an emergency, but at least I analyzed the results of the work, taking into account the troubles that took place or newly emerged circumstances and ideas, I corrected the contract for the future, at once renegotiated in a new version with whomever it was necessary, and until the end of next year, work calmly, attract new clients . Full text of the Brief tutorial on drawing up contracts Sections of the Brief tutorial on drawing up contracts: Preface 1.
Structure of the agreement 2. Preamble 3. Subject of the agreement 4. Rights and obligations of the parties 5.

If the contract does not indicate a validity period, how long is it valid?

List of messages IP/Host: 212.5.68. Contract deadline! Please tell me! If the contract does not indicate the expiration date of the contract, then for how long is it valid? Thank you. #1 IP/Host: .ip.PeterStar.net Re: Contract term! In what contract? #2 IP/Host: .ropnet.ru Re: Contract term! As a general rule, if the validity period of the contract is not established, then the contract is considered to be concluded for an indefinite period. However, it should be taken into account that the termination of the contract by the expiration of its validity period does not entail the termination of the obligation (Chapter 22 of the Civil Code).

#3 IP/Host: 195.146.72. Re: Contract term! If the contract does not indicate an expiration date, then it is probably concluded for an indefinite period. This agreement is valid until one of the parties wishes to terminate it (in the manner prescribed by Chapter 29 of the Civil Code.) #4 IP/Host: 212.5.68. Re: Contract term! Supply contract.

When the contract provides for its automatic extension; 4. When the contract provides for a very vague and not very successful, but very common today wording such as “until the parties fulfill all their obligations under it.” The expiration date of a contract concluded for a certain period can be indicated by a specific date (the contract is concluded for a period from up to 20 years) or the expiration of a certain period (the contract comes into force from and is valid for days (months, years). Why are contracts good? with an indefinite validity period? Only one thing - you work for yourself and work according to the scheme, and the agreement is still valid and valid. Real estate lease agreements have a special advantage - they, unlike agreements concluded for a certain period of more than a year, do not require state registration (see.

Contract time

They are rare, but they occur, although perhaps not so rarely, in civil law. In particular, a preliminary agreement has been concluded - that’s all, the conclusion of a final agreement is mandatory for the parties, they agreed on this. Among these few, but still binding, contracts is the so-called public contract.

A public contract is provided for for the first time in our civil legislation in the new Civil Code. Before this there was no such concept. The conclusion of a public contract is provided for in Article 426 of the Civil Code. A public contract, its existence is determined by the need to protect the economically weaker party - the consumer.
It is quite natural that when a citizen-consumer enters into a contractual relationship with such a monster as a large trading company or an airline, the parties are far from equal economically. An economic monster is one thing, a citizen is another thing.

Is it possible not to indicate the validity period in the service agreement?

If you look at a regular car purchase and sale agreement, you can see that the text only indicates the date of conclusion of the contract, but not the expiration date of its validity. Prices and payment procedure 6. Responsibility of the parties 7. Duration of the agreement 8. Other conditions 9. Details and signatures of the parties 10. Appendices and additional agreements to the agreement 11.

Execution of the contract And now the cheat sheets, ladies and gentlemen: Agency Rent Loan Commission Purchase and sale Contract Order Delivery Services We wish you good luck in your business! If you have money, please contact us (the possibility of providing you with free assistance, alas, is limited to free consultations for business entities on Fridays from 2 to 4 p.m.) If you have any questions, wishes or suggestions, you can use the feedback form.

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• How to correctly interpret the contract extension clause?
• Validity period of the car purchase and sale agreement
• Validity period of the license agreement
• If yt indicates the duration of the contract, how long is it valid?
• If the validity period of the contract is not specified, how long is it valid?

The end of the year turns into an emergency, but at least I analyzed the results of the work, taking into account the troubles that took place or newly emerged circumstances and ideas, I corrected the contract for the future, at once renegotiated in a new version with whomever it was necessary, and until the end of next year, work calmly, attract new clients . Full text of the Brief tutorial on drawing up contracts Sections of the Brief tutorial on drawing up contracts: Preface 1. Structure of the contract 2. Preamble 3. Subject of the contract 4.


Rights and obligations of the parties 5. 3.
Login to the site Attention Information letter of the Supreme Court dated February 16, 2001 No. 59 “REVIEW OF THE PRACTICE OF RESOLVING DISPUTES RELATED TO THE APPLICATION OF THE FEDERAL LAW “ON THE STATE REGISTRATION OF RIGHTS TO REAL ESTATE PROPERTY AND TRANSACTIONS WITH IT”). Why are they bad? Yes, because if you need to tighten the conditions for the counterparty (prices there to increase due to inflation or some other need), then it will not be possible to make changes without his consent, you will have to terminate it, and the possibility of its termination at the request of one of the parties should be provided for by this agreement. Important Another thing is when the contract has expired.
If you want to continue working together, please accept the new conditions. And even if the counterparty accepts the changes being made, over a long period of time so many of them can accumulate that you get confused in additional agreements.

If the contract does not specify the expiration date of the contract

Good afternoon Please tell me, can a contract for the provision of services be without a specific validity period? ?Takes effect from the moment of signing, and no end date is specified. Thank you in advance for your answer Collapse Victoria Dymova Support employee Pravoved.ru Try looking here:

• Is it possible to cover the amount of debt under a service agreement with other fictitious service agreements, dividing them into smaller amounts?
• Is it possible to conclude an additional agreement to a contract for the provision of services, the validity period of which has expired, but the services are provided and paid for?

You can get an answer faster if you call the toll-free hotline for Moscow and the Moscow region: 8 499 705-84-25 Free lawyers on the line: 9 Answers from lawyers (6)

• All legal services in Moscow Invalidation of a loan agreement Moscow from 6,000 rubles.

Attention

The Civil Code of the Russian Federation provides that an agreement comes into force and becomes binding on the parties from the moment of its conclusion, but the parties have the right to establish in the agreement that the terms of the agreement they have concluded apply to their relations that arose before its conclusion. That is, we conclude an agreement today, but it stipulates that everything that happened (figuratively speaking) yesterday and the day before yesterday is regulated by the same agreement. It’s very convenient for those in a hurry (the business is on fire, but they’re putting up with paperwork) and slobs (they’ve already done something, but they’re too lazy to draw up an agreement).


If the beginning of the term of the agreement is not specified in its text, and the date of signing by each of the parties is not indicated, then it will begin to operate from the date specified in the preamble. The duration of the contract can be indefinite (going to infinity until its termination) or definite - limited. An indefinite period occurs when: 1.
If yt indicates the duration of the contract, how long is it in force? Would it be correct to assume that until the parties want to terminate this contract, it will be in force? Or does it turn out that this agreement was valid only for one batch of goods? That is, the buyer submitted an application, the seller shipped the goods, the buyer paid - that’s it, the obligations were fulfilled, the contract was terminated? Or we are obliged to apply the terms of Art. to this agreement. 460 of the Civil Code, which establishes the validity period of the supply contract (if it does not specify a period) - only one year? But we don’t have a Great Dane. deliveries, but purchases and sales. If the validity period of the contract is not indicated, how long is it valid? By the way, concluding a new contract without terminating the old one is also not good, since two simultaneously valid contracts arise, which can also bring confusion and vacillation into the work.
If the contractor has started the work, but through his fault it is not completed within the time period established by the contract, and the customer has not lost interest in having this work performed by this contractor, the contract is valid until the final completion of all the work. In the event that the customer, without expecting proper fulfillment of the obligations stipulated by the contract, after the expiration of the work period, makes a demand to the contractor for compensation for losses incurred by him caused by this violation, the contract should be considered terminated. When deciding on the validity period of an obligation in the absence of a validity period in the contract, it is necessary, guided by Article 59 of the Fundamentals of Civil Legislation, to find out the actual will of the parties, taking into account the purpose of the contract.

The Supreme Court of the Russian Federation (Definition dated February 3, 2015 N 52-KG14-1) considered contract dispute.

The plaintiff, a contractor under a work contract, obliged the defendant (customer) to perform general construction and finishing work in the volumes specified in the contract. The work was completed by the plaintiff and accepted by the defendant, which was confirmed by signed work orders for the work performed, while payment by the defendant no work completed, which served as the basis for going to court

Court of First Instance and Court of Appeal the claim was denied. The court of first instance concluded that failure to conclude a contract, since when signing the contract the parties did not agree on the subject of the contract (scope of work and their result), the deadline for completing the work, the price of the contract, that is, they did not reach an agreement on all the essential terms of the contract. The court also considered as inadmissible evidence copies of work orders for work performed, confirming the fact that the work was completed and its acceptance by the customer’s representative.

Court of Appeal agreed with the conclusion that the contract was not concluded, and also rejected the argument of the appeal that between the plaintiff and the defendant, in fact, a relationship had developed that was regulated by the chapter on work contracts of the Civil Code of the Russian Federation. The actual performance of the work, according to the appellate court, has no legal significance, since the parties to the contract have not reached an agreement on all its essential terms.

The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation did not agree with the conclusions of the appellate court for the following reasons.

The court indicated that in accordance with paragraph 1 of Article 740 of the Civil Code of the Russian Federation, the essential terms of the construction contract are the subject and deadline for the work.

The court indicated that the annex to the contract contains a list of work to be performed.

The court indicated that the deadline for completing the work should be determined by Article 314 of the Civil Code of the Russian Federation.

This article establishes that in cases where the obligation does not provide for a deadline for its fulfillment and does not contain conditions allowing to determine this period, it must be completed within a reasonable time after the obligation arises. An obligation not fulfilled within a reasonable time must be fulfilled by the debtor within seven days. from the day the creditor submits a demand for its fulfillment, unless the obligation to perform within a different period follows from the law, other legal acts, terms of the obligation, business customs or the essence of the obligation.

It should be noted that from June 1, 2015, Article 314 of the Civil Code of the Russian Federation will be stated in a new edition. In particular, it will provide that in cases when the obligation does not provide for a time limit for its fulfillment and does not contain conditions allowing to determine this period, the obligation must be fulfilled within seven days from the day the creditor submits a demand for its fulfillment, unless the obligation to perform within a different period is provided for by law, other legal acts, terms of the obligation, or does not arise from customs or the essence of the obligation.

That is from June 1, 2015, the creditor is not obliged to wait for the expiration of a reasonable period for execution, and may immediately present a demand for execution in the specified case, the debtor is obliged to fulfill the obligation within seven days.

The court also indicated that the work was actually completed by the plaintiff (contractor) and accepted by the defendant (customer), under such circumstances the fact that the contract was not concluded should not influence the resolution of the issue on the collection of costs for work performed.

The court indicated that in confirmation of the completion of a certain amount of work and their cost, the plaintiff presented copies of work orders for the work done; the witness confirmed that he signed these acts on behalf of the defendant and handed them over for payment.

Under these circumstances, the Judicial Collegium for Civil Cases of the Supreme Court canceled the appeal ruling and sent the case for a new trial.

This definition will be taken into account by lower courts when making decisions on similar disputes.

Art. 425 of the Civil Code of the Russian Federation provides that an agreement comes into force and becomes binding on the parties from the moment of its conclusion (that is, signing by both parties), but the parties have the right to establish in the agreement that the terms of the agreement they have concluded apply to their relations that arose before its conclusion,unless otherwise established by law or follows from the essence of the relevant relationship.

That is, we conclude an agreement today, but it stipulates that everything that happened (figuratively speaking) yesterday and the day before yesterday is regulated by the same agreement. It’s very convenient for those in a hurry (the business is on fire, but they’re putting up with paperwork) and slobs (they’ve already done something, but they’re too lazy to draw up an agreement).

If the beginning of the term of the agreement is not specified in its text, and the date of its signing by each of the parties is not indicated, then it will begin to operate from the date specified in the preamble.

The duration of the contract can be indefinite (going to infinity until its termination) or definite - limited.

An indefinite period occurs when:

1. The agreement does not say anything regarding the duration of the agreement (with the exception of agreements for which, in accordance with the Civil Code, the duration of the agreement is an essential condition and without specifying the term the agreement is considered not concluded, for example, an insurance agreement, a property trust management agreement);

2. When the contract expressly states that it is concluded for an indefinite period;

3. When the contract provides for its automatic extension;

4. When the contract provides for a very vague and not very successful, but very common today wording such as “until the parties fulfill all their obligations under it.”

The expiration date of a contract concluded for a certain period can be indicated by a specific date (the contract is concluded for a period from _______________ to "___" _____________ 20__) or the expiration of a certain period (the contract comes into force on _________________________ and is valid for ___ days (months, years) ).

What are the benefits of contracts with an indefinite duration? There is only one thing - you work for yourself and work according to the scheme, and the agreement continues to work and work. Real estate lease agreements have a special advantage - they, unlike agreements concluded for a specific period of more than a year, do not require state registration(see paragraph 11 of the Information Letter of the Supreme Arbitration Court dated February 16, 2001 No. 59 "REVIEW OF THE PRACTICE OF RESOLVING DISPUTES RELATED TO THE APPLICATION OF THE FEDERAL LAW "ON THE STATE REGISTRATION OF RIGHTS TO REAL ESTATE PROPERTY AND TRANSACTIONS WITH THEM").

Why are they bad?

Yes, because if you need to tighten the conditions for the counterparty (prices there to increase due to inflation or some other need), then it will not be possible to make changes without his consent, you will have to terminate it, and the possibility of its termination at the request of one of the parties should be provided for by this agreement.

It's a different matter when the contract has expired. If you want to continue working together, please accept the new conditions.

And even if the counterparty accepts the changes being made, over a long period of time so many of them can accumulate that you get confused in additional agreements. By the way, concluding a new contract without terminating the old one is also not good, since two simultaneous contracts arise, which can also introduce confusion and vacillation into the work. In such cases, it is worth making a reservation in the newly concluded agreement that from the moment of its conclusion, all contracts, agreements, etc. previously concluded by the parties. lose their power.

The main disadvantage of contracts with a limited duration is that in the case of long-term cooperation they require constant monitoring. Otherwise, having jumped beyond the validity period, you violated the law - you did not comply with a simple written form, and for what was done outside the validity period of the contract, you cannot ask the counterparty to the full extent of the contract - you have a non-contractual relationship. Again, it may be problematic to accept some expenses for tax accounting - in the absence of a valid agreement, they are either not fully documented, or not entirely economically justified.

The easiest way to keep track of the validity period of contracts is when their expiration date is the same for all counterparties, for example, everyone’s favorite December 31 of the current year. The end of the year turns into an emergency, but at least I analyzed the results of the work, taking into account the troubles that took place or newly emerged circumstances and ideas, I corrected the contract for the future, at once renegotiated in a new version with whomever it was necessary, and until the end of next year, work calmly, attract new clients .

If you consider it necessary to revise and publish the tutorial in book format, let me know - vote with money.

Sections of the Brief tutorial on drafting contracts:

• Are the obligations of the debtor-account holder subject to fulfillment by the bank according to the claims of creditors of the 1st-3rd priority?
• The head of the LLC was convicted under Art. 173.1. Criminal Code of the Russian Federation. What are the consequences for deals entered into by this executive?
• What are the features of hiring a part-time foreigner with a patent to work in a specific profession?
• Is it necessary for the institution to approve the access control regulations?
• Does the State Budgetary Institution have the right to purchase other services to provide public services if their use is not provided for by technical regulations?

Question

The contract for the supply of goods does not indicate the validity period of the contract. (concluded in 2012, there was no correspondence about prolongation). Accordingly, the court can recognize the supply agreement as not concluded (Article 506 of the Civil Code of the Russian Federation), and recognize the supply as one-time transactions? Penalty for late delivery and failure to pay on time will be calculated according to Art. 395 of the Civil Code of the Russian Federation as in one-time purchase and sale transactions? Or will the supply agreement be considered concluded for an indefinite period?

Answer

“Even if the supplier and buyer draw up and sign a supply agreement in the form of a single document, this will not be an absolute guarantee that the court will recognize it as concluded. Thus, an agreement will be considered not concluded if it lacks at least one of the essential conditions (clause 1 of Article 432 of the Civil Code of the Russian Federation), that is:

• subject of the contract (name and quantity of goods (see, for example, the definition of the Supreme Arbitration Court of the Russian Federation dated September 15, 2011 No. VAS-12450/11));
• those conditions regarding which, at the request of one of the parties, an agreement must be reached (for example, on the range of goods).

Also, some courts include delivery time as an essential condition. They justify this by the fact that the Civil Code of the Russian Federation, Article 506, establishes the supplier’s obligation to transfer the goods to the buyer exactly within the stipulated time period (see, for example, the resolution of the Federal Antimonopoly Service of the East Siberian District dated May 3, 2011 in case No. A33-10003/2010). For a purchase and sale agreement (as opposed to a supply agreement), the period of transfer of goods does not matter: if the agreement does not allow this period to be determined, it is determined according to the rules of Article 457 of the Civil Code of the Russian Federation (see, for example, the resolution of the Federal Antimonopoly Service of the Central District of October 17 2011 in case No. A62-466/2011)."