An agreement, as certain agreement of sides (participants, contractors), is most often meeting foundation of origin of obligations. Preeminently by virtue of such agreement the participants of concrete relations have mutual right and duties, and this relation acquires a legal form - becomes an obligation.

Civil Code of Russian FEDERATION fastens principle of freedom of agreement as basic. It means that subjects are free:

to conclude or not enter into a contract;  to choose a partner by agreement (except for public agreements, when one side, salesman or performer, is under an obligation to conclude a treaty, for example, at a purchase-retail or domestic contract);

to choose a kind and conditions of the agreement (except for case, when maintenance of agreement is prescribed a law).

Terms which the agreement of sides is attained on make maintenance of agreement, and on the legal maintenance divided by substantial, ordinary and casual.

Substantial terms

The substantial are acknowledge terms which are needed for the conclusion of treaty.

To the substantial terms behave: terms about the subject of agreement - without determination of subject of agreement it is impossible to conclude not a single treaty; terms which are adopted in a law or other legal act as substantial; terms which are needed for the agreements of this kind (for example, an agreement about joint activity is impossible without determination of general economic purpose, and contract of insurance - without determination of accident insured); terms in relation to which on the statement of one of sides an agreement must be attained (for example, at the purchase of thing as a gift a substantial condition can be packing of commodity).

Without the concordance of substantial terms an agreement is considered uncelled.

Ordinary terms

In a difference from substantial, ordinary terms do not need concordance of sides. Ordinary terms are foreseen a legislation and enter into an action from the moment of conclusion of agreement. At the same time, if sides do not wish to enter into a contract on ordinary terms, they can plug in maintenance of agreement points, abolishing or changing ordinary terms, on condition that the last are certain a non-mandatory norm, I.e. by a norm, determined at discretion of sides.

A price behaves to the ordinary terms of retribution agreements, an exception are contracts of tenancy of the real estate, purchase-sale the real estate and enterprises for which a price is a substantial condition, that straight foreseen by a law. If in an agreement a price is not certain, then a price, which under comparable circumstances usually levies for analogical commodities, services, can be used.

It is necessary to have because of, that a price in an agreement can be shown in roubles, in currency or in conditional units. In spite of the fact that Civil Code gives a right to express (only to express, but not to pay) the bills of debt in currency or conditional units, many businessmen rarely use a currency clause in agreements. In this connection prohibitions of local-authorities to express price-lists in shops in conditional units or in foreign currency appears litigions enough, as a price-list in a shop is a condition about the cost of bargain and sale.

Casual terms

Name terms which change or complement ordinary terms casual. They join in text of agreement at discretion of sides and acquire legal force only in the case of their plugging in an agreement.

For the conclusion of treaty it is necessary to co-ordinate all his substantial terms in the required form. In obedience to a legislation, an agreement can be celled in any form, both verbal and writing, if a law is not set a certain form. So, the agreement of property найма between citizens within 1 years can be celled in oral, but if sides arranged, that he would be celled in writing, then to giving the agreement of writing form he can not be considered prisoners. Some agreements on the folded practice consist only in a verbal form, for example agreement of purchase-retail, agreement of domestic contract.