The main rule for determining the date of the contract established in article 433 of the Civil code: a contract is concluded at the time of receipt the person who sent the offer, its acceptance within the period specified in it or determined by law. In other words, the date of signing of the contract the party which was sent to the offer of cooperation and notification the initiator is the date of conclusion of the contract. Notice may be verbal, written or expressed, by the beginning of the fulfillment of obligations under the contract.
Use the following model to determine the date of the contract:- if the date found in the header of the agreement and next to the signatures of the parties, take into consideration the most recent;- if the text is a direct indication of the specific date the Treaty enters into force, refer the documents on it;- if the agreement date cannot be established, determine the start of the fulfillment of obligations by the parties – it will be considered the date of the agreement.
For a number of treaties by date of conclusion is considered the moment of transfer of goods or money: to loan agreement or credit agreement – the date of delivery or transfer money to the account of the borrower, for the agreement of storage in warehouses – the date of acceptance of items to the warehouse for the insurance contract shall be the date of payment of the insurance premium or its first part.
A special group of contracts subject to state registration. In this case, the value is only the date of state registration of the transaction in the registry, therefore, when disputes about the date of conclusion of the contract of a mortgage or cession, make a note of the stamp of the registration authority. The same rule applies to contracts requiring notarization: the contract shall commence on the day that the notary certifying text.
Date of the transaction is essential in determining applicable to contractual relations legislation.