The Essence of the civil-law agreement in accordance with legislation of the Republic of Uzbekistan and foreign countries.

The agreement as a public social product is legal form, most stable in time. The agreement serves as the ideal form of activity of the participants of a civil turn-over. With the course of time together with development of system of the public relations, serviced by the agreements, the structure of the possible participants (natural persons, collective formations recognized as the independent subjects of civil law legal persons) has extended to. The design of the agreement is applied in various branches of the law: international, public, administrative etc. And nevertheless it is used widely in civil law. So what do the civil-law contracts represent? The sight, existing in the roman law, on the contracts allowed to consider them from three points of view: as the basis of occurrence of the relationships, as relationships themselves, arisen from this basis, and, at last the form, which appropriate relationships accepts . This multiple-valued submission about the agreement with the certain changes practically is realized in the Republic of Uzbekistan and in the civil codes of other countries. All these listed significances of the agreement are anyway determined from the point of view of civil law as the legal form regulation of the specific property relations. It also is visible from the contents of an article 234 of Civil Code of the Republic of Uzbekistan according to this article: " By the virtue of the obligation one person (debtor) is obliged to make for the benefit of other person (creditor) the certain action, such as to transmit property, to execute work, to render service, to pay money and etc., or to refrain from the certain action, and the creditor has the right to demand of the debtor of fulfillment of his responsibility". That kind of the liability relation also represents the legal form of the property relations between the parties of the agreement. The agreement - one of the most widespread versions of the bargains. As well as any bargain, agreement aimed on an establishment, change or termination of the relationships. However as against the unilateral bargain the agreement is always agreement of two or more parties (article 353 Civil Code of the Republic of Uzbekistan). The agreement as the agreement of the parties is characterized by the following attributes: а) free will of the parties; b) the consent of the parties on all essential conditions making its contents; c) compensative (by the common rule) character of actions of the parties under their obligations; d) equality of the parties in the contractual relations; e) the legal warranties for fulfillment of the agreements; f) the responsibility for infringement of a contract. The agreement assumes fulfillment at will of its participants of the certain actions that have legal significance and consequently capable to cause occurrence of the definite rights and the responsibilities of its parties. In these actions the will with special intention to cause legal consequences is expressed. The agreement as the consequence of will of the parties renders active effect on behaviour of its participants, individualizes, forms and adjusts this behaviour. In conditions of market economy the agreement first of all the product and in the same time the legal forms of the money - goods relations based on the law of cost, therefore it can express first of all will of its parties. Now the right to solve the problem on choice of the contractors and need to enter the contractual relation independently is given to the enterprises, organizations. They have the right to refuse in the certain cases fulfillment of already made agreement, if it is necessary with the purposes of maintenance of own interests. The will in the agreement for the contents can be with identical or with opposite, but counter orientation. For example, at construction by agreement of joint venture including the legal persons of the various states their will on the character has an identical orientation. By the sales contract the will of the parties under the contents, as a rule carries opposite, but counter character. But irrespective of an identical or opposite orientation of the will of the parties, the agreement is an act of common will of the equal in rights subjects. In this case speech does not go about equality in the rights of the parties of the made agreement, that in itself is meant about equality of the subjects who have expressed desire to enter to the contractual relations. Each of the parties enters the agreement, having the detached property belonging to it on property law or on the right of complete economic management, and also bears the independent property responsibility for infringement of the contract. In conditions of the market the enterprises build the activity on the basis of economic methods of its valuation by use of cost categories, therefore the property relations established between them carry out on compensate principles. So, the appropriate legal form is inherent in the property -relations builded on the basis of compensate, in which the economic equality of the parties - participants is expressed. This form is the agreement. In spite of the fact that the agreement is used now in various spheres of public life: political, economic, social, cultural and etc. the trade and economic relations, as the most important sphere of contractual regulation in a context of contractual regulation in the spatial relation remain the most important sphere of contractual regulation. In intrastate trade and economic relations the state, cooperative enterprises, organization, association, firm, exchange, businessmen and the others participate in aggregate order are the subjects of the civil-law relations serviced by system of the civil-law agreement. They enter to the contractual relations, being the legal persons, direct or through the branches separate, division, representatives and etc. The material base for the introduction into the contracts is served by their property belonging to them on the property law, complete economic management or right of operative management. It is completely clear, that for full development of the market relations it is not necessary only enough of the goods, but also high level of development of the contractual forms of the relations as a means of regulation of interests of the participants of these relations. There are various kinds of the agreements and use of that or other kind of the agreement depends on character of a subject (the thing, concerning of what about the agreement was made), from the purpose, for the sake the achievement it is made. The Civil Code considerably expands potential of the forms, kinds of the agreements: "the parties can conclude the agreement and not stipulated by the legislation " Civil Code of the Republic of Uzbekistan an article 354. With a finding of independence Uzbekistan got an opportunity actively to integrate in the international economic community. As the sovereign state Uzbekistan enters in the trade and economic relations directly itself as a unit and through the trade and economic organizations. In the first case on behalf of Uzbekistan in the trade and economic relations gets the State Chambers of Commerce of representation and in other case its bodies enter Ministry of foreign economic relations, Treasury. They are on the state budget. In this case legal status of the state is defined not according to norms of civil law about capacity, but its competence determined by the supreme body of a state authority (parliament) and the Constitution. In the second case - in the trade and economic relations, irrespective of a pattern of ownership can participate legal and natural persons, including foreign international organizations acting on territory republics, and abroad, registered by a Republic of Uzbekistan as the participants of foreign economic relations. Thus, by the conclusion of the agreement the wide sections of questions of trade and economic policy between the state, and objects of external trade and economic policy can be covered. Objects of external trade and economic contractual activity can be resources of all kinds, goods and services created in all branches and spheres of managing, valuable papers, scientific and technical production, intellectual and other values representing mutual interest. As it is visible, the circle of questions of the interstate economic and trade relations is wide and each can make of these kinds of questions a subject one or several versions of the agreements. For example, the relations connected to the markets of the goods, can be made out by the contracts of sales, agreements of delivery, agreements of commission, and connected with attraction by way of the investment of the foreign capital as the credit can be made out of a contract basis. The investments can consist of property, financial and intellectual values put by the investors in object of business and other kinds of activity, therefore relations connected to the investments depending on the kind of activity, can be made out by the conclusion in various kinds of the agreements. The Republic of Uzbekistan, entering on a way of independence as the sovereign state, directly defines and conducts the external economic policy. It already has established on a contract basis trade and economic ties with the number of the states. However, not all the aspects of the trade and economic relations become a subject of the interstate agreements. Except that Uzbekistan has the necessary political and economic preconditions for the further expansion of a circle external economic and sales efforts. It needs acceptance of a number of the acts and fulfillment necessary measures on scopes of the whole complex of the economic and trade relations on various kinds of activity. Between the agreements used in sphere of intrastate trade and economic relations, there are much common, at the same time each of them has features, inherent in it. The agreement is the product of will of its parties. As the form of the legal regulation the agreement serves for means of formation and behavior of its participants. By agreement in sphere of trade turnover in the best way finds the realization of property law of its participants on the property. Instead of the existed and existing yet practice of the conditions of contract, structure of contractual links will be formed on a basis mainly of two beginnings: will of the contractors and law. The sources of the roman law underlying of existing civil-law systems of advanced countries, to the number of the essential emitters of the bilateral agreements, without which there is no agreement, refer the agreement, i. e. the will of the party, object of the agreement and its basis. Just from these i. e. strong-willed, positions and right the agreement in modern civil law of USA is extremely simply determined: " the Agreement is a promise or number of the promises for infringement of which the right establishes the sanction or fulfillment of which the right considers, in the certain sense, as the responsibility ". Thus, and here will of the parties is the determining beginning of occurrence and realization of the contractual relations. The law is the second major component, which can only influence the contents, the faith of the contractual relations. In an ideal in conditions of the market just the law, right (not the act of planning or order of a body of state management) there should be by a primary means of direct effect of the state for economy, money - goods relations and legal forms, which are servicing them . Such statement of business can be only met in international practice, experience of countries with the advanced market economy, where the state is law creative that creates conditions for normal functioning of economy, overcoming of the negative phenomena interfering free realization of principles of the market relations. As an example it would be possible to result Anti trust acts of the USA, other western parties. The significant development in the USA, Japan, Canada, France and other countries has received the legislation directed on protection of the rights of the consumer. In the civil, trade legislations of the indicated above countries, the conditions are detailed stated which cannot be included in the contracts, or are qualified legally void, as they put in a unequal situation of the seller and buyer. For example, the contractual conditions putting the consumer in obvious a non-uniform rule(situation), are considered in countries with roman and West-German legal systems as abusing by the right on the part of the businessmen, and in countries of English - American legal system - as "unjustified", that is recognized as the English judges and is fixed in an article of 2-302 of the Uniform Trade Code of the USA . Not withstanding that the American economy largely depends on deals made by the private persons without interference of government, the latter nevertheless frequently renders the important influence on process of the conclusion of the bargains. In some cases this effect is, that the courts are authorized to carry out the control behind the bargains in case of unfair behaviour of the parties. But largely influence of government is result of action of the legislation determining a conditions of the conclusion of deals. " The Legal regulation of trade includes Antitrust acts have by the purpose to encourage a competitiveness by prevention and restriction of restraint of trade, and also law on the unfair competitiveness ordering, that the competitiveness was conducted on the basis of acceptable criteria of conscientiousness. Thus, the indicated group of the laws establishes the important limits as in sphere of concentration of an authority in hands of the participants of deals, and concerning methods used by the given participants during the conclusion of deals. The main source of the right in this area is served by the federal legislation especially three main acts, accepted by Congress with the purpose of assistance to development of a competitiveness . First and most important of them — Antitrust Sherman law, accepted in 1890 during industrial expansion and concentration of an economic authority followed the civil war. It forbids in general unreasonable restrictions of trade and monopoly. The Klayton law of 1914 is more specific. Behind some exceptions it forbids: first, exclusive contracts connecting the agreements and restriction, similar to them, on distribution of the goods; secondly, discrimination in the prices (differentiation) concerning the different buyers, and other measures, connected to the prices, discrimination character; thirdly, purchase by one corporation of the shares or assets of other corporation, if as a result of such purchase « the competitiveness can be essentially reduced or to be scheduled the tendency to creation of monopoly». While the Sherman Law condemns already existing evil, the Klayton law requires only reasonable probability that, such evil will come hereafter. The third main act — Law on Federal trade commission accepted in 1914 too, is as a whole directed against «of unfair methods in a competitiveness». It has provided creation of a Federal trade commission with functions on application of the law. All these three legislative acts which have been taken together, adjust the «horizontal» -relations in sphere of enterprise activity of the competing persons, «vertical» -relations of business including of suppliers and consumers, in some cases — Internal - relations within the framework of the enterprise. In general the laws have received the name Antitrust in honor of «trust» XIX in. — Stable association of enterprise units consisting of large number of corporations within the framework of one industry, such, as petroleum or sugar, acting on the basis of the agreement for creation of trust with transfer of uniform management to hands of board of the trustees. In exclusive the contract is considered, in which one of the parties is authorized to acquire the goods from other party provided that the party - buyer will not deal with the similar goods relating a line of business of the third persons — The competitors of the seller . The connecting agreement provides sale or leasing of production provided with any other kind of production simultaneously will be bought also. The main characteristics of these acts, and first of all of Sherman Law, is that in them the wide and more common legal formulations are used in comparison with the usual legislation of USA. This deliberate uncertainty has granted a main role to courts in interpretation of the laws and adaptation them to changed kinds of production and their market distribution. Instead of establishing precise and firm rules, courts in interpretation of the to the help common « rules of good will » (standard of good will). Its application from time to time was changed. Depending on a particular industry, various circumstances the judges should consider economic given and other reasons. Therefore in USA there is no absolute limit concerning the size of the enterprise and in itself size or even a prevailing rule of the enterprise in the market are not discussed, though they are among those circumstances, which is subject to judicial valuation. Nevertheless, the courts consider, that some actions, such, for example, as the «horizontal» agreements between the competitors with the purpose of effect on the prices or unit of the markets, are so wrongful, that already by virtue of it are in themselves unreasonable. The doctrines similar to a situation about good will of unreasonableness, according to the Law of Klayton are applied also to the exclusive contracts connecting to the agreements, and to the majority of the forms of discrimination in the field of the prices. As well as it was necessary to expect, on a question on sphere of action of the rules good will and unreasonableness in particular businesses connected with antitrust laws, there was a large discussion, as all American business actually is in the property and management of the private persons, maintenance of a competitiveness and control of it serve business of greatest importance. In some areas, however, the Congress has receded from an ideal of a free competitiveness. So, it limited withdrawals in application antitrust laws were entered in such branches of economy, as the aircraft, communication, railway, automobile and sea transport, supervision of which activity in a various degree is carried out by special regulating agencies. The government can struggle with infringement antitrust laws by several ways depending on circumstances. To them concern: the judicial interdictions used in civil legal proceedings; criminal prosecution; The orders on the termination or abstention from fulfillment of illegal actions taken out by way of administrative production. The private persons possess also other means of effect, first of all by opportunity of presentation of the claim about reimbursement of the threefold losses, on which for the benefit of the dissatisfied party the sums three times exceeding a size of the caused losses can be collected. General practice, the concept of the agreement or contract in west represents the following stable determinations. In a basis of the agreement the given promise lays voluntary to take up the legal responsibility. The agreement determine as follows: « the Agreement — It is a promise or number of the promises, for which infringement the right establishes the sanction or which fulfillment the right considers, in the certain sense, as the responsibility ». For achievement of the mutual agreement one party should make the offer — Offer, and other party should it accept — To make the acceptance. Thus, two essential elements of the agreement are the offer and acceptance (some include the offer and acceptance in uniform concept the agreements). In addition to the offer and acceptance the agreement should be based to counter satisfaction, the parties of the agreement should have capacity, the purpose of the agreement should be legal — Other words, the fulfillment of the agreement should not infringe public interests. Thus, summarizing a question on the essential terms and conditions of contract, it is possible to tell, that elements of the agreement obliging the parties in legal sense, are: 1) offers, 2) acceptances, 3) counter satisfactions, 4) capacity of the parties and 5) legal purposes of the agreement. The contracts are shared on unilateral and bilateral. Certainly, the contracts can be formal and informal, however in connection with almost complete failure of practice of the conclusion of the contracts under seal for the validity of the agreement it is enough simple will of the businessman. « As the Unilateral agreement such agreement refers to as, on which promising, the debtor, does not receive as counter satisfaction of the promises of other party. The bilateral agreement — Is such agreement in which seems the mutual promises of two parties, each of which is simultaneously both creditor and debtor ». The promise of the award is an example of the unilateral agreement. Promising offers the award its offer is accepted by the fulfillment of actions, stipulated in it. The party accepting the offer, does not give the promise, instead of it makes actions stated in the offer. The usual commercial agreement happens bilateral more often. In the bilateral agreement the parties exchange the promises, while in the unilateral agreement the promise exchanges on action. Valid the agreement adequate all requests, presented to the agreement. The parties are connected by such agreement, and the court will assist its realization in the compulsory order. Such contracts are deprived of claim force which cannot be carried out in the compulsory order on the basis of a filed action, though they and create by an indirect way the responsibility of fulfillment. Under the bargain with government of the United States it is impossible to present the claim to the United States without their consent, and even in case of satisfaction of such claim it is impossible to receive fulfillment in the compulsory order. The similar bargain is referred to as the agreement, though the compulsory fulfillment it is impossible without the consent to that for one of the parties. If one of the parties has the right at own discretion not to execute the obligation, the agreement is considered voided. As protection against the persons, which could extract profits from unripe the will of the minors, the right is given to the latter to not execute the agreements, made by them. The term «the void agreement» is ordinary applied to a designation of the bargains of contractual character, with which in view of absence of any essential element or in pursuance of the law any of the parties does not appear The agreement is considered executed, when all its participants have executed the responsibilities, caused by the agreement. Before as all these responsibilities are executed, the agreement is being a subject to fulfillment. If one of the parties has executed the responsibilities partially, the agreement frequently name partially executed. The agreement can be executed for one party and being a subject to fulfillment for other. The introduction into the agreement is not necessary if the party have expressed conditions of the agreement in writing or orally. They can be showed by the behaviour the intention to be connected the certain contract. If the parties have established the agreement orally or in writing, their agreement refers to as the directly expressed agreement. If the terms and conditions of contract are not established by the parties, but from their actions seems, that they had intention to enter the agreement, the meant agreement is considered made. Role of the agreement as main legal form of regulation of behaviour of the participants of the market relations thus will be realized in terms of them operative - economic of independence, as subjects of various patterns of ownership.