How to sign a contract?
"Contract" is a word of foreign origin andis translated as a "transaction". In fact, this is a written agreement, which reflects the agreement of two or more parties to terminate, establish or change civil rights and obligations. In addition, the contract is always written only.
Often the contract is confused with the contract. Even not every lawyer clearly distinguishes these concepts, if he did not encounter in his practice the legislative subtleties of this issue. Let's see what the contract is like, what contracts are and how to sign a contract.
What are the contracts?
There are many types of contracts: labor, military, marriage, purchase and sale, for the provision of services, for construction on a turn-key basis, etc. They have similarities and differences.
All contracts are similar, first of all, by the fact that the parties agree on the subject of the contract in it, the contract price and the deadline for the performance of contractual obligations. The contract may stipulate other conditions.
The contracts can differ depending on the subject of the contract, the validity period (long-term and short-term), in the form of payment (monetary, commodity, mixed), and also on other grounds.
As an example, we will consider two types of contract, which are quite common in everyday life: the marriage contract and the contract with the maternity home.
Marriage contract
The marriage contract has long been practiced forabroad. Recently, in our country, we have increasingly resorted to such a method for the settlement of marital relations. However, not everyone knows how to conclude a marriage contract and what should be paid attention. For example, many spouses do not know that such an agreement can be concluded both before the marriage and after registration. An obligatory condition for his conclusion is the mutual desire of the spouses, as well as the personal presence of both parties at the time of signing the marriage contract.
As for the subject matter of the contract between his wifeand husband, each of them determines his rights and responsibilities independently. At the same time, the marriage contract can specify not only the relations that are valid during the marriage, but also the rights and obligations that come into effect after its dissolution.
The conclusion of the marriage contract is serious andan extremely important step, and it is necessary to treat it with all responsibility. Misunderstanding in this matter or frivolity can subsequently be costly to both spouses. Suffice it to recall at least the sensational divorce proceedings of a well-known businessman Roman Abramovich or "sausage king" Nikolai Agurbash.
The marriage contract itself is drawn up in an arbitraryform, in triplicate, after which it is certified by a notary (this document is not valid without the notary's signature). Each of the spouses receives one copy in hand, the third copy is kept by a notary.
The contract comes into force from the moment of itssigning. And if such an agreement is signed before the registration of the marriage, it begins to act only from the date of the official marriage. In the event that the bride and groom have entered into a marriage contract, and their marriage has changed their mind, their marriage contract loses validity.
According to Russian laws, the marriage contract is notcan express the interests of one spouse, while infringing on the interests and rights of the other. It is not allowed, for example, in the marriage contract to regulate the degree of participation of each of the spouses in the upbringing of children, but it is allowed to stipulate the costs for their maintenance. The marriage contract can not also regulate the non-property interests of both spouses (issues of adultery, homework, etc.).
Important point: the marriage contract that entered into legal force can not be terminated at the initiative of the husband or wife, but only with their mutual consent. Otherwise, the question of the dissolution of the marriage contract is decided through the court.
Contract with maternity hospital
Currently, the conclusion of such a contract - a phenomenon quite frequent. What are the advantages of giving birth to this document, what is it for, and how to sign a contract with the maternity home?
Such a contract has both positive aspects,both negative and negative. The main advantage of childbirth on the contract is a guarantee that the woman giving birth will give birth in a certain hospital, at a certain doctor, be in the comfort room (if it is prescribed in the contract) and on the conditions that are agreed in advance and documented.
But for the comfort and everything else you have to pay, and pay a lot! This, perhaps, is the main disadvantage of this contract. Those who plan delivery under the contract, it is necessary to consider the following points:
- Firstly, before signing a contract, you need to check whether the medical institution has a document on the right to provide such services;
- secondly, the contract from the maternity hospital must be signed by a person who has the appropriate authority for this;
- Thirdly, it is necessary to make sure that the contract contains everything that is promised to you by the receiving and providing services party.
Remember that in case of a conflict situation, you can prove something only if you have a written and formally issued document.
In conclusion, I want to add that freebirth can be no worse than childbirth on contract. There are many medical institutions, where a benevolent, caring, and, most importantly, highly qualified staff works. Find such a maternity home is not difficult, just look at the relevant ratings and reviews, ask the friends who have already given birth. Therefore, before you conclude a contract, weigh all the pros and cons.
