Legal «mine» the date of the contract

In his speech, Artem Karapetov highlighted the details of the contract that of habit many consider a formality that has no special meaning, but, as the judicial practice, inattention to it may cause the company significant damage, so, lack of attention to the date of the contract may give the other side the ability to recognize a contract not concluded and therefore refuse to execute it,

The cornerstone of the discussion was to identify the moment at which the contract will be considered concluded — on the date of its signing and the date specified in the «cap» of the contract if the parties simply stated that the contract is valid from the date of signing, meaning the date specified in the «header» the contract is lost, but also to determine the date of signing (conclusion) is not possible,

In order to eliminate this discrepancy, some companies put a date next to the signature of the Directors General, in this case the contract will be considered concluded from the most recent date, but on the other hand, if you do not put a date next to the signature, and just sign the contract, in whose » cap «is a date, it can be concluded that the signatories of such an agreement, agreed with all its conditions, including the date on which it takes effect, but it is a theory, but in practice one of the parties may challenge this date pointing out that the treaty says that it is considered to be concluded from the date of signature and signed it was not from the number that is specified in the contract,

Artem Karapetov proposed to include in the text of the treaty one of the following conditions:

1) a contract is concluded on the date specified in the top right corner of the agreement, regardless of whether the parties actually signed it;

2) the contract is concluded with the signing by both parties,

In this case, it is necessary to leave a blank space for the date in the upper right hand corner, the most recent date is the date of the signature and conclusion of the contract, it needs to be duplicated in the «cap».

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