Form of performance of obligations under the state contract

Various approaches to understanding the form of performance of obligations have been studied in the work. The linguistic approach gives reason to assume that the form is understood as an external expression of something caused by a certain content. Based on the assertion that the performance of obligations under a public contract is a transaction based on the will of the obligor and the creditor, the author concludes, that the objective expression of this will is exactly fixed in the corresponding form of the transaction. In this case, the objective expression is directly the actions (inaction) of the parties, which are already fixed in the form of certain numerical or letter symbols in the corresponding documents. Legal regulation of the form of fulfillment of obligations is quite subject to normative regulation of the form of transactions. The external expression of actions aimed at fulfilling obligations under the state contract will be primary accounting documents reflecting the fact of the Commission of certain actions. Referring to such a rather complex procedure, preceding the possibility of making a transaction aimed at fulfilling the obligation under the state contract orally, as an agreement, the author asks: can this kind of transaction be made orally at all? The analysis of the current legislation and enforcement practice confirms that any fact of economic life is subject to the registration of a primary accounting document having a written form. The form and transaction for the performance of obligations under the state contract are closely related, otherwise, non-compliance with the form of the transaction aimed at fulfilling obligations under the state contract entails its invalidity. The development of technologies makes it possible to issue transactions aimed at fulfilling obligations in electronic form. The law and other normative legal acts on the contractual system in the sphere of procurement are allowed to exchange electronic documents between the parties to the contract system in the sphere of procurement. The article states that the documentary execution of obligations is applied in the practice of international sale of goods. In conclusion, the author concludes that the actions of the parties aimed at fulfilling obligations under the state contract are formed not only by the volift component, but also must be performed in a certain form by law. In national legislation, these transactions are made in the form of primary accounting documents, in international law the term transport document is used.

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