Art. 422 Civil Code: general provisions, specifics, explanations

In accordance with the current regulations, the preparation of contracts must be carried out with strict adherence to the requirements that are valid at the time of the transaction. This provision has a key importance for subjects of legal relations. It is fixed in Art. 422 Civil Code. Consider the article in detail.

The provisions of Art. 422 Civil Code of the Russian Federation

The agreement must comply with the rules binding on parties established by mandatory norms. This takes into account those provisions that are in effect at the time of the transaction. If, after signing the agreement, normative acts are adopted that provide for other rules than those that took place during registration, the terms of the made contract remain valid. The exception applies to legal provisions establishing that the validity of the approved new rules applies to previously concluded transactions.

Art. 422 Civil Code of the Russian Federation with comments

The considered norm has special significance not only for the relations arising in the framework of the transactions, but also for the civil-legal turnover as a whole. This is due to the fact that its provisions relate to such concepts as the treaty and the law. The principle of freedom of conclusion of transactions is established by Articles 421 and 1 of the Code. In accordance with them, the content of agreements is determined by the parties at their general discretion. Together with these norms certain restrictions of freedom of contractual relations are established. Mandatory provisions are a key legal factor that influences the will of participants and the content of agreements.

Subject of the norm

As it is the ratio of the contract and the law. First of all, it is considered in terms of the impact of norms on the agreement and the relations that arise in its formulation. In the framework of this subject art. 422 Civil Code of the Russian Federation:

1. Sets which rules the document to be signed must match. From this definition follows the possibility of establishing norms, which the agreement should not contradict.
2. Contains a brief explanation of mandatory provisions.
3. It establishes the impact of changes in legislation on the content of the contract and the legal relationship arising from it. This defines a special rule for the action of norms in time.

According to the provisions of Article 156 of the Code, Art. 422 of the Civil Code extends to unilateral transactions, since this does not contradict their substance and nature, as well as existing legal acts.

Category correlation

The contract and law act not only as a legal fact and legal norm, they are also regulatory acts that together model the relationship. The law is adopted by the rule-making institution within the framework of existing public authority. It regulates the relations of all civil law holders, which are based on agreements of any appropriate type. The contract, in turn, is carried out directly by the agents through the expression of their will to satisfy their own interest. He regulates relations that flow solely from his conditions.

Characteristic of imperative

A brief definition is given in paragraph 1 of the article to be commented. However, the characteristic given in the norm requires some refinement. According to item 4 421 of the Civil Code article, the dispositive name the rate from which the participants of legal relations can retreat by mutual consent. At the same time they regulate their interaction in a different way. The parties to the agreement shall have the right to exclude the use of a discretionary rule in the relations that have arisen between them.

Imperative name the position from which the parties can not depart at their own discretion. They also have no right to exclude the application of this rule to the relations that have arisen.

In clause 1 of the article under consideration, a set of acts has been defined, according to which agreements must be drafted. It coincides with the list present in Art. 3 of the Code. At the same time, the legislator proceeded, apparently, from the fact that the subjects should not have even the slightest doubt that the treaty can not contradict the Constitution and federal norms. The fact that the document must comply with the provisions of international agreements is also indisputable.

Additionally

In interpreting the paragraph of the first commented article, it is necessary to pay attention to the question of the need for the agreement to correspond to the legal acts of departments, ministries and other executive federal institutions of power. When carrying out a system of logical and legal analysis, the following conclusion can be drawn: the contract should not, but it can correspond to the legal acts of ministries and other federal bodies. Under other regulatory documents, in particular, understand government decrees and decrees of the President.