Framework agreement of mixed type

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In accordance with paragraph 3 of Article 421 of the Civil Code of the Russian Federation, if a framework agreement includes elements that are typical of agreements of other categories, then such a contract can be considered mixed.

Sometimes such agreements need to be registered with government agencies. Due to the fact that the counterparties in the concluded agreement can set out the terms of different civil law ecuador mobile phone numbers database contracts, the implementation of the rights and obligations of these agreements will be interconnected. Consequently, a single community of obligations will be formed (comments on court decisions on claims related to Federal Law No. 122 of July 21, 1997 "On state registration of rights to real estate and transactions with it").

For example, a framework agreement that establishes the obligation of a financial institution to provide standard services does not exclude the parties from concluding separate mortgage lending agreements. In this case, state registration is required not only for the mortgage contract, but also for the entire framework agreement.


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Specification of the terms of the framework agreement
The specificity of this type of agreement is that the parties intentionally leave gaps that can be filled in with continued cooperation. Currently, the most common framework contracts are contracts for work, supply, transportation, opening a credit line, and provision of intermediary services.

In accordance with paragraph 1 of Article 429.1 of the Civil Code, new terms of the transaction can be introduced using the following methods:

Clarification by concluding an additional agreement
A new agreement, annex, contract, etc. is accepted to the framework agreement. Design options:

a separate approved and signed document;

several papers, copies of which are available to both parties (for example, a letter of guarantee);

implicative acceptance of a received offer. For example, delivery of cargo based on an official application (request);

mutual implicative action. For example, currency exchange via a machine.

This is a form of trust relationship, in which the terms are not specified in the contract. However, within the model, each party has the right to make an order, and the other can fulfill it, but has no direct obligation.