Екатерина Чернявская
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Сегодня на заседании Пленума Верховного Суда Российской Федерации прошло обсуждение проекта Постановления «О некоторых вопросах применения общих положений Гражданского кодекса Российской Федерации о заключении и толковании договора» (далее – Проект). Текст документа имеется в распоряжении портала ГАРАНТ.РУ. В соответствии с Проектом документа договор следует считать заключенным, если между сторонами достигнуто соглашение по всем существенным условиям договора, путем:
принятия (акцепта) одной стороной предложения заключить договор (оферты) другой стороны;совместной разработки и согласования условий договора в переговорах;иным способом, к примеру, когда в поведении сторон просматривается воля к его заключению.
Особое внимание ВС РФ уделил предварительному, публичному, рамочному, абонентскому договорам, а также заверениям об обстоятельствах и заключению договора в судебном порядке. Суд пояснил, что к публичным договорам не относятся кредитный договор, договор добровольного имущественного страхования, договор участия в долевом строительстве многоквартирного жилого дома. Вместе с тем, обращает внимание ВС РФ, это не исключает в случаях, предусмотренных законом, возможности заключения таких договоров в обязательном порядке.
Также он отметил, что в публичном договоре цена товаров, работ или услуг может различаться для потребителей разных категорий: для учащихся, пенсионеров, многодетных семей. Причем категории потребителей могут быть установлены законом, иным правовым актом или определены лицом, обязанным заключить публичный договор. В последнем случае речь идет о правилах программы лояльности, исходя из объективных критериев, в том числе связанных с личными характеристиками потребителей, если такие критерии не противоречат закону.
В контексте предварительного договора уточняется, что несовершение ни одной из сторон действий, направленных на заключение основного договора, в течение срока, установленного для его заключения, означает утрату их интереса в заключении основного договора, в силу чего по истечении указанного срока обязательство по его заключению прекращается.
В случае принятия Проекта 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» перестанут применяться. Отметим, что после обсуждения документ был отправлен на доработку.
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