A framework agreement was drawn up and signed instead of a preliminary agreement

[subornaakter40]

Sometimes businessmen believe that the conclusion of a framework agreement guarantees the drafting of the main contract and gives the right to force the counterparty to fulfill obligations in the event of a breach of the agreed terms in court. Some entrepreneurs even include in the text of the framework agreement a clause on the conclusion of the main agreement within a certain period of time.

Consequences. The very status of the framework paraguay mobile phone numbers database agreement excludes the possibility of defending one's position in court. There are no prospects of winning the case. During the proceedings, only the presence of a preliminary agreement is taken into account (Article 429 of the Civil Code of the Russian Federation).

What is the difference between this document and the other? The most important feature is the content of all essential terms of the contract that are planned to be concluded in the future. In other words, if the contract does not clearly state the cost, volumes of supply, etc., it will be considered a framework contract. The maximum that can be claimed in court is the payment of a fine by the partner for refusing to approve and sign the main agreement. And only if such a provision is contained in the text of the contract.

Frequently asked questions about the framework agreement
So, a framework agreement is a document drawn up by commercial entities, which defines the contours of future cooperation. Its conclusion is justified in cases where common points of contact have been found, but all the nuances of the interaction are not fully known, for example, delivery dates, volumes of goods, assortment, etc. have not been determined.

All these conditions are specified and recorded in a set of additional agreements that the counterparties will sign in the future.

What are the requirements for a framework agreement?
The Civil Code of the Russian Federation does not contain elaborate specific regulations governing the procedure for concluding contracts of this type. The law contains only general requirements for a framework contract. Contracting parties have the right to regulate their relationships by developing mutually acceptable terms of cooperation, which are recorded in the drafted document.

The agreement will be a framework agreement if it contains only a draft of the future agreement without details. The contracting parties plan to formulate the general terms of the transaction in the future and fix them with the help of specifications (appendices). Moreover, the budget of such an agreement is the sum of all financial resources specified in these additional agreements.