An
agreement shall be an arrangement between two or more parties targeted at the establishment,
change, or termination of civil rights and responsibilities.
The
parties shall be free to conclude an agreement, to select a counter agent and
to determine the provisions of the agreement taking into consideration the
requirements of Civil Code of Ukraine, other acts of civil legislation, customs
of business turnover, requirements of rationality and justice.
Provisions
(items) established at the discretion of the parties and agreed upon between
them, other provisions compulsory per the acts of civil legislation shall
constitute the content of an agreement.
The
parties shall have the right to conclude an agreement containing elements of
different
agreements
(mixed agreement).
An
agreement shall be binding for fulfillment by the parties.
An
agreement shall be concluded, if the parties have duly reached a consensus on
all its essential provisions.
Essential
provisions of the agreement shall be the subject of the agreement, provisions
that are established essential by the law or necessary for the agreements of a
specific type as well as all those provisions, in respect thereof a consensus
is to be reached upon application of at least one of the parties.
An
agreement shall be concluded by way of one party’s proposal to conclude an
agreement (an offer) and the other party’s acceptance of this proposal (an
acceptance).
Amendment
or cancellation of the agreement shall be allowed only by the parties’ consent,
unless otherwise is established by the agreement or the law.
An
agreement may be amended or cancelled by the court decision on the request of
one of the parties in case of significant violation of the agreement by the
other party and in other cases established by the agreement or the law.
A
significant violation shall be violation of the agreement by the party, when
due to the inflicted losses the other party loses everything it expected to get
during the agreement conclusion.
In
case of a unilateral refusal from the agreement in full scope or partially and
the right to such a refusal is determined by the law, the agreement shall be
terminated or cancelled accordingly.
Sales Contract
Under
a sales contract a party (a seller) shall transfer or take an obligation to
transfer property (goods) into possession of the other party (a buyer) and the
buyer shall accept or take an obligation to accept the property (goods) and to
pay a certain amount of money for it.
Any
goods, which are available at the seller at the moment of the agreement
concluding or will be created (purchased, acquired) by the seller in future may
be subject matter of a sales contract.
Property
rights may be subject matter of a sales contract. General regulations on
purchase and sale shall be applied to a sales contract of property rights
unless otherwise results from the contents or nature of these rights.
The
right of claim (legal claim) may be subject matter of a sales contract, unless
the claim bears personal nature. Regulations on assignment of the legal claim
shall be applied to a sales contract on the legal claim, unless otherwise is
established by the agreement or the law.
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