| Abstrakt: |
The economic agreement content, which comes forward the legal indirectly form of economic connections between different participants of property economic, organizationally economic relations, has an important value both for the practical sphere of menage and for legal science. The article is devoted research theoretical applied questions of the economic agreement content, the purpose of which is a revision of scientific theoretical subsoil of the economic agreement content in the modern doctrine of Economic Law. Research is based on existence of close connection and influence of theories of economic agreement on understanding of the content of this agreement. For opening of question of the economic agreement content for basis interpretation of agreement is taken as a bargain, as a legal relationship and as a legal document. Attention of analysis of legislation, judicial practice, and scientific literature is spared through question of the economic agreement content of these theories. The special attention is focused on correlation of going near understanding of the economic agreement content, its practical embodiment and value. A conclusion is done, that concept of economic agreement as a document, as bargain and as legal relationship do not enter into a conflict between itself and does not have self-contradiction, as an agreement - the presence of agreement fixes and confirms a document - bargain, as a legal fact of origin of agreement - obligation legal relationship. Accordingly, the terms of implementation of contractual obligation will depend on terms, certain in an agreement - as a document. Legislative approaches to consolidating the economic agreement content are analyzed, based on which it is concluded that the provisions of laws can be interpreted as essential terms, ordinary terms or provisions that fix certain information and are reflected in the economic agreement as a document, but do not belong to the agreement. Attention is paid to the implementation of the principle of contractual freedom in the context of the legality of the economic agreement content. Some other provisions that make up the economic agreement content as a document are analyzed. Independent attention is paid to the issue of reservations, which are also included in the economic agreement content, their qualifications and significance for economic and contractual relations. As a result, conclusions were made on the economic agreement content as a bargain, as a legal relationship and as a document, specified the place and importance of reservations in the content of the economic agreement. [ABSTRACT FROM AUTHOR] |
