Zazulyak I. The Essence of Contract: theoretical aspect

The thesis covers the study of the essence of contract from the theoretical points. The progress of the essence of contract is analyzed in the research and it is specified that the importance was attached to it as early as in the time the Ancient World. At that time quite a lot of attention was given to the achievement of agreement as for the subject of an agreement, and in some cases as for the price, and other terms. The development of the essence of contract was continued in the law of the Russian Empire, but the "essential elements" of the contract were mostly discussed then. At the time of the Soviet Union just the term "essence of contract" was set terminologically. The modern methods of approaching to the essence of contract were analyzed by the author, its essential meaning was mentioned with the respect to the structure of the contract in general and of certain kinds of the contract. The features of the essence of contract and its correlation with other contractual stipulations are researched.Particularly the attention is paid to the special features of the formation of the subject of an agreement as to its essential condition and to the influence of the proper agreement concerning tjie subject of an agreement on its validity. The emphasis is made to mark out the features of terms and conditions of an agreement, defined as essential by the law. It is stressed that for saving the structure of certain kinds of agreement the legislator marks out those terms where the parties have to come to an agreement. The essential conditions are also considered, those conditions which are necessary for the contract of a certain kind and it is pointed out that in spite of the fact that such circumstances are necessary in terms of the nature of certain agreements, but the law does not call them essential