Commitments from unilateral actions: public promise of reward, public competition, games and betting

Along with bilateral treaties, unilateral transactions are also included in the civil turnover. In the first case, subjects enter into relations on the basis of mutual will. , возлагаются только на лицо, их совершающее. As a rule, obligations arising from unilateral actions are imposed only on the person who commits them. In some cases, subjects by virtue of such a transaction receive certain rights. Let us further consider what obligations represent unilateral actions.

The concept of

The main feature of the relations under consideration is that additional facts or circumstances are needed to implement certain conditions of the transaction. For example, to claim compensation for the issue of a missing item, it is necessary to find it and deliver it to the owner. могут создаваться для других лиц в силу закона или по соглашению. Obligations from unilateral actions may be created for other persons by law or by agreement. The corresponding rule is enshrined in Article 155 of the Civil Code. Obligations from unilateral transactions are a set of actions that are to be performed by a person in the presence of a complex of legal facts. They form the composition of relationships.

Characteristics of obligations from unilateral actions

The legal composition of relations involves the sequential commission of several unilateral transactions. The key place in this case is the original contract. : Thus, commitments from unilateral actions :

1. They are the result of a conditional transaction, acting as the main law-forming factor.
2. Implemented in the presence of additional legal circumstances, which together form the composition of relations.

Classification

. The Civil Code establishes various types of obligations from unilateral actions . Their features, in particular, reveal the articles:

1. . 1055. This provision provides for a public promise of reward . It is an announcement of the payment of a reward or the award of a prize to one who fulfills the condition contained in the proposal. Of course, it must be legal.
2. 188. The first paragraph of this rule provides for the cancellation of the power of attorney issued by the issuer.
3. 578. In paragraph 1, the gift is canceled.

One of the most common unilateral actions is the drafting of a will. Some types of transactions are regulated by federal laws. . Thus, Federal Law No. 138 of 2017 establishes rules in accordance with which various rallies are held, including a state lottery .

Announcement of remuneration

должно быть совершено в письменной форме. The public promise of the award must be made in writing. As a rule, the message is published in local print media or on letterhead for information stands. The announcement can be and usual street. The message specifies the conditions for receiving the reward, address and telephone number of the subject offering the reward. The law also allows an oral announcement. регламентируются в данном случае 159 статьей ГК. Obligations from unilateral actions are regulated in this case by Article 159 of the Civil Code. In clause 1, an oral transaction is allowed, unless the law specifies otherwise. If a dispute arises, the subjects can use all the evidence, including the testimony of witnesses.

Subject

They are the payment of remuneration. It can be monetary or otherwise. To receive a reward, another person must perform certain acts or omissions. For example, it could be the discovery of a thing or the communication of some information. The subject who has performed the proper actions and expects to receive remuneration is the one who will first bring the necessary information to the organizer. The moment of obtaining information by persons interested in the award does not matter. It is important when they are transferred to the entity that announced the reward. In case of impossibility to determine the primacy, the award can be divided between the applicants in equal proportions.

Pay

, связанных с объявлением о вознаграждении за выполнение установленных в предложении условий, выступает, собственно, предоставление денег или иных вещей. Actually, the provision of money or other things acts as the main obligation of unilateral actions connected with the announcement of remuneration for the fulfillment of the conditions established in the offer. Among the latter, for example, may include a ticket to the concert. Remuneration may be the provision of a counter service. In this case, the obligation of payment arises regardless of whether the proper action is taken in connection with the announcement or without reference to it. If the form and amount of remuneration are not specified in the announcement, they are established by the parties or by the court. To be guided at the same time follows the rule about the find. In accordance with it, the reward should be up to 20% of the value of the thing.

Important points

Legislation provides for cases when a public promise of remuneration can not be canceled:

1. If an admission is implicit or explicit, it should not be rejected.
2. During the period called for the fulfillment of the established conditions.
3. By the time of cancellation, the proper action was taken. Refusal is not allowed and in the case when the execution of the person who announced the compensation was not known.

Article 1057 Civil Code

. This standard provides for a public competition . In the article 1057 it is stated that a subject who announced payment of a reward for the best performance of work or achievement of another result should give the prize to the one who is recognized as the winner. Public competition has some features that distinguish it from the transaction described above. However, they have some common features. Among them are the following features:

1. Obligations arise from unilateral actions.
2. The ad is addressed to an undetermined number of subjects.
3. Are directed on achievement of the useful purposes.
4. The list of persons entitled to submit an advertisement is unlimited.

Nuances

Legislation provides for two types of competition: open and closed. In the first case, the ad is addressed to an undefined circle of persons. Accordingly, any subjects can be admitted to participation. The closed event attracts individuals selected by the organizer. The open competition can be conditioned by the preliminary selection (qualification) of the participants.

Ad Content

In the message on the competition there should be conditions in which:

1. The essence of the task.
2. Order and criteria for evaluating the results.
3. Place, date of summing up.
4. The form and magnitude of the award.
5. Terms, the order of the announcement of the winners.

Change of conditions

The entity that announced the tender can adjust its conditions or completely cancel the event. Legislation allows this only in the first half of the period established for the provision of work. Cancellation or modification of conditions can be carried out in the same way as the tender was announced. If a person violates the rules, it must pay remuneration to all those who completed the work, if it meets the stated requirements. In addition, the law obliges to reimburse to these persons the expenses they incurred in connection with the fulfillment of the conditions of the event before they were supposed to or became aware of a change or cancellation. If the subject of the event is the creation of a work of art, science, literature, and the conditions do not establish a different procedure, the organizer receives a preferential opportunity to register with the winning author the agreement on the use of the result of his work with providing him with an appropriate remuneration for it.

ФЗ №138

As mentioned above, this Law regulates the rules of the lottery. It is considered a game in which one subject (the operator) plays the prize pool, and the second - the participant - gets the opportunity to win if it is recognized as the winner on the basis of the established conditions. The conclusion of the contract is carried out on a voluntary basis. It is issued by the issuance of a ticket (electronic, including), a receipt or other similar document. On it there should be a combination, put on the stage of manufacturing or by the participant of the drawing. организуется исполнительным органом, уполномоченным Правительством, по решению которого она ведется. The state lottery is organized by the executive body authorized by the Government, by whose decision it is conducted. The duration of the drawing should not exceed five years.

Disputes

. In the field of gambling , betting is very common. It is a risk-based win agreement and is signed by two or more entities with each other or with the organizer. The outcome of the dispute depends on the event, the probability of occurrence of which is unknown. This agreement does not apply to unilateral transactions. Accordingly, rules 1063 of the Civil Code are applied to it. Obligations in which the property benefit of the participants depends on a probable or accidental event, the offensive of which leads to material acquisitions of one entity and losses to another, are called aleatory ones.

Design Features

Pari, in contrast to games, are concluded with respect to the circumstances specified by the agreement. As a rule, they relate to the existence of an appropriate fact in the past or present, or the occurrence of an event in the future. For example, participants can argue about the winner in a football match. It divides the subjects that they are opposing judgments about one event. At the same time, no participant can influence the result. Accordingly, the competitiveness of the parties is excluded from the outset.

Legal opportunities for participants

The law provides for a party's right to demand in court the performance of an obligation connected with a dispute in cases when:

1. The corresponding statement comes from a person who took part in the event under the influence of violence, deceit, threat or within the malicious agreement of the representative with the organizer.
2. The demand is presented by the subjects who won in the sweepstakes, lottery, other games conducted by the state, the region of the country, the MO, or by persons authorized by the authorized municipal or state agency.
3. The application related to participation in an exchange or other similar transaction is subject to protection in court. At the same time, at least one of the parties must be a legal entity that has a license to carry out banking operations, conduct professional activities in the securities markets or arrange transactions on exchanges.

Relations between actors involved in disputes and games are based on a contract (1063 clause 1 of the Civil Code). A bilateral transaction has a risky nature, practically only for the person who responded to the offer. This is due to the fact that the amount of the prize fund is less than the amount of contributions.