Екатерина Чернявская
lenecnikolai / Depositphotos.com
Сегодня на заседании Пленума Верховного Суда Российской Федерации было утверждено Постановление «О некоторых вопросах применения общих положений Гражданского кодекса Российской Федерации о заключении и толковании договора» (далее – Постановление). Текст документа имеется в распоряжении портала ГАРАНТ.РУ.
Отметим, что 13 декабря после обсуждения документ был отправлен на доработку. В результате которой в п. 10 понятие «оферта, вступившая в законную силу», заменили на «оферта, ставшая обязательной для оферента». При этом из п. 20 исключили разъяснение о допустимости отказа от публичного договора вне рамок товарного рынка, при этом сохранив предлагавшийся ранее подход о том, что бремя доказывания отсутствия объективной невозможности передать товары, выполнить работы, оказать услуги возлагается на лицо, обязанное заключить публичный договор.
Кроме того, в п. 31 внесено уточнение о том, что условия рамочного договора рассматриваются как часть заключенного впоследствии договора, если это не только впоследствии соответствует намерениям сторон, но и не противоречит существу обязательства.
Аналитическая система «Сутяжник» поможет узнать, какие обстоятельства являются решающими для судов в конкретных видах споров. Вы сможете понять, как нужно скорректировать исковое заявление или претензию, чтобы увеличить вероятность принятия решения в вашу пользу. Начать работу
Добавим, что в связи с принятием документа п. 55, 57 и 58 постановления Пленума ВС РФ и Пленума ВАС РФ от 1 июля 1996 г. № 6/8 «О некоторых вопросах, связанных с применением части первой Гражданского кодекса Российской Федерации» применяться перестанут.
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