The topic "Contract of the Civil Code and other acts" assigna lot of space in the regulatory system. After all, it is massively used by ordinary citizens in everyday life, and large companies. In this regard, it is useful to get acquainted with the content of the legislation on this subject.
The role of the civil code
What is a contract?The Civil Code of the Russian Federation gives an exhaustive answer, describes its elements, the terms of the contract. The code contains basic rules on contracting. In addition, it is subject to other general provisions of the Civil Code that affect other institutions (other agreements, property rights, etc.), for example, the principle of good faith of the parties. At the same time, the regulatory framework should not contradict the norms of the Civil Code.
For example, the requirements for the quality of work performance are provided by a whole list of technical regulations. The parties are entitled to prescribe additional quality points.
A framework has been established in which the parties are free fromregulations of the law. They are allowed to be ignored somewhere, replacing with their own options, somewhere a choice of several options is offered. What does a contract look like? The sample sometimes does not look like the others either in volume or in content.
The rather high degree of freedom of the parties is confirmed by the many options of contracts posted on the Internet and the large volume of judicial practice.
How is this implemented in practice?The parties themselves decide: whether the attraction of a subcontractor is allowed or not, and on which of the parties is the obligation to pay for the purchase of materials, equipment and other expenses.
The concept of a contract
What is a contract agreement?The Civil Code of the Russian Federation describes it as an order for performing work with a specified result. There are two main responsibilities. The contractor fulfills the order and provides the result to the customer. The customer takes the job and pays for it.
The following types of contract are distinguished:
- building;
- domestic;
- performance of design or exploration work;
- fulfillment of state order.
Subject of the contract
At first glance, it is enough to simply distinguish it from other legal constructions; in practice, confusion constantly arises. The reason for this - similar wording.
In practice, it is almost impossible to find a contract for the execution of works in a “pure form”, it is mixed with other types of agreements, which is dictated by the needs of the parties.
For example, deals are made about the sale of real estate, which they plan to create in the future. This approach is becoming the norm, because social relations are becoming more complex with each passing day.
Подряд затрагивает лишь материальные объекты, в difference from the same sale. The customer receives a new thing, created or reworked. The contract of the Civil Code of the Russian Federation aims to create a material result in contrast to, for example, services. In them, the material aspect is secondary (for example, the field of counseling).
По этой причине несколько некорректна такая wording as a contract for the provision of services, although it is applied in reality. As a result, there are difficulties, in particular with the tax service and with contractors.
Contract Participants
The customer and the contractor are standard parties to the agreement. Provision is made to include a general contractor and a subcontractor.
The first works directly with the customer andattracts to fulfill the order of other persons who are already working exclusively with the general contractor. However, the contract of interaction can be spelled out in the contract, when the customer directly contacts the subcontractor. How is a contract formulated? The sample should contain the rights and obligations, and the responsibility of the customer and subcontractors in relation to each other. The text touches other points.
Specific points of the contract
- The risk of destruction of materials, equipment falls onthe one who provided them, and the loss of the result - to the contractor prior to its transfer to the customer, and to the customer - after its transfer. If there was a delay, the risks lie with the culprit.
- If there are several executors, each is responsible for his own part of the work, if division of the work front is impossible, then responsibility is equally divided.
- The term of the contract is indicated by the start datesand end of work. Schedule creation is also envisaged. The contractor is responsible, if he does not start and does not finish the work on time, responsibility may also be provided for violation of the intermediate deadlines in the schedule.
- It is prescribed or fixed price, and the method of its calculation.
- Estimates are made if the contractor does not warn the customer about the price change in a timely manner, additional costs are borne by him.
- The work contract gives the contractor the right to keep the savings, if this does not worsen the quality of the result.
- The fixed price is not revised without the consent of both parties. If the customer does not agree to pay the contractor’s increased costs that could not have been foreseen, he is entitled to ask the court to terminate the contract.
- Work is paid or after the end, or in stages, may provide a deposit or advance.
- The warranty period may be provided, but it may not be, unless otherwise specified in legal acts.
- The limitation period for a court appeal is 12 months, if a construction contract is 3 years.
All other undescribed clauses are based on the principle of guilt. The culprit pays damages. This affects all aspects of the contract.
Features of the construction contract
The construction contract is aimed at creating a new property or its reconstruction. Result, materials, equipment are subject to insurance.
Another feature of the agreement - the availability of technical documentation, the rules for making changes to it. An engineer takes part in the project.
It is the responsibility of the customer to create the conditions for the conduct of work — he provides platforms, ensures the supply of materials and equipment.
The contractor is responsible for the materials, equipment and labor.
Each party is obliged to do everything that depends on it in order to fulfill the contract.
Work on complex objects is taken in stages, the customer is obliged to organize the acceptance.
What is different household in a row
This is the name of the contract agreement with an individual for his personal needs. Gaps of the Civil Code are filled in by consumer protection legislation.
The customer has the right to cancel the agreement at any stage, having paid the expenses and the part of the work done. The prohibition to withdraw from the contract at any time is illegal and invalid.
Подрядчик обязан предоставить всю информацию о result, its use, about the price, forms of payment. Deception or the provision of false information gives the customer the right to cancel the agreement without compensation to the contractor.
The price can be regulated by government agencies, and the contract with an individual is in some cases based on the standard form.
Contract for the design work and surveys
The subject is the creation of technical documentation or survey work.
The customer sends the information that is needed to fulfill the order, the contractor is obliged to adhere to it.
Obligation of the contractor to coordinate the created documentation with the customer or the competent state or municipal authority. The customer has no right to refuse to participate in the coordination.
The contractor shall indemnify for losses incurred due to his fault.
The customer pays the costs of the second party, uses the documentation according to the purpose and instructions of the contractor.
Municipal or state order
The subject are construction, design andsurvey work. Participants - the customer and the contractor. The customer may be the manager of budget funds, concluding a contract in favor of third parties.
From the customer’s side are enterprises, organizations, authorities, including municipal ones.
Essential conditions:
- Scope of work.
- Their cost.
- Stages of financing, form of payment.
The right to unilateral changes to the agreement is provided for in the laws on the system of state and municipal contracts. They also contain all the basic rules governing government contracts.
