RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of December 25, 2018 No. 49

About some questions of application of general provisions of the Civil code of the Russian Federation of the conclusion and interpretation of the agreement

For the purpose of ensuring unity of practice of application by courts of the legislation on the conclusion and interpretation of the agreement Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations.

Conclusion of the agreement

1. Owing to Item 3 of Article 154 and Item 1 of Article 432 of the Civil code of the Russian Federation (further - the Civil Code of the Russian Federation) the agreement is considered the prisoner if between the parties the agreement on all essential terms of the contract is reached. The agreement of the parties can be reached by adoption (acceptance) by one party of the offer to sign the agreement (offers) of other party (Item 2 of article 432 Civil Code of the Russian Federation), by joint development and agreement negotiation in negotiations, otherwise, for example, the agreement is considered the prisoner and in that case when their will on the conclusion of the agreement appears from behavior of the parties (Item 2 of Article 158, Item 3 of article 432 Civil Code of the Russian Federation).

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