Monday, March 16, 2015

An agreement by Ukrainian Law (general provisions)

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 come into effect since the moment of its conclusion.

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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