In modern legal practice, the concept of a contract is rather common. That is why it is necessary to thoroughly understand the main features of its conclusion, execution, as well as legal regulation, which we will do later.
General concept
Considering the legal characteristics of the contract, you should definitely pay attention to what the classic interpretation of the term "contract" implies.
A contract in the general sense is an agreement that is concluded between the parties about something. Its subject can be any service, object, right to something, etc. This agreement can be concluded both orally and in writing. It should be noted that the legislator clearly defines the range of types of contracts that cannot be concluded orally. As for the specific contract, it can be presented in any form.
The civil law characteristics of the contract, as well as its concept are presented in the Civil Code, which is currently valid in the territory of the Russian Federation. The content of his articles states that such is an agreement concluded between two parties, of which one will act as a contractor, and the second - the customer. The concept also states that, on the basis of such an agreement, the contractor is obligated to perform the work specified in the content of the document, and the customer is required to pay for the completed actions in the prescribed amount.
Legal nature
If you give a general description of the contract, you should definitely consider its legal nature. What is it expressed in?
First of all, it is necessary to remember that the type of agreement under consideration is in any case bilateral and mutual. This means that both parties that take part in the agreement, within the framework of it, have certain obligations and rights to each other. Apart from this, the contract is by its legal nature consensual. This means that it becomes valid already at the moment when both parties come to an agreement on all the issues covered in it and sign the document.
The contract is classified as paid. It only means that its content requires the payment of a certain fee for the services provided in the form of the work done.
Limitation of the contract from other types of agreements
Knowing the general characteristics of the contract, it should be clearly understood and what it delimits from other types of civil contracts, which by their nature may resemble in a row.
So, if you compare this type of agreement with other agreements, under which the process of the paid transfer of any property both for use and ownership is provided, it should be understood that the document under consideration is aimed at regulating the process of carrying out production activities. It should also be noted that the mentioned activity must certainly be accompanied by the creation of any result. After the thing or object is manufactured by the contractor, it is necessary to carry out the procedure of transferring both the result itself and the rights to the created thing. In this case, it is necessary to understand that the result achieved does not have to be an immovable or movable thing. Another distinctive feature of the contract on the basis of the principle under consideration is its special subject. So, in the manufacturing process performed under the terms of this agreement, the subject is always individually defined objects, and if we take the process of performing a different type of work as an example, then the result is the subject.
If we delineate the contract from the agreement that provides for the provision of the service, then in this case we need to understand that the deal in question implies the receipt of an object presented in materialized form. If we consider in more detail the contract for the provision of a specific service, then it is easy to notice that its result does not have material type content. As a rule, the result obtained by it is inseparable from the person who provides this service.
And finally, let’s look at how a work contract is delimited from a labor agreement. In this case, a parallel should be drawn, considering the conditions under which the work is performed by the party. If we take into account the provisions prescribed in the employment contract, then in the framework of their implementation the person who is the employee must be enrolled in the staff, the employer provides him with all the necessary conditions, and also certain rules are established for him regarding the internal routine. If we consider the characteristics of the contract, then it can be noted that the contractor is obliged to perform all the work at his own risk and to provide himself with all the conditions in the form of housing, food, etc.
Content
Content is an integral part of a contract agreement. It represents the internal structure of a document called a contract. So what is included in this very structure?
First of all, among the essential conditions when drafting a contract, it is necessary to indicate its main subject. The subject of this agreement will be all the work that must be completed on time, as well as the final result of the committed activity. In the event that in the concluded contract there is no clearly prescribed subject, then it is considered invalid. In relation to the subject, its quality should also be spelled out, that is, those indicators to which the created object will correspond.
In addition to the subject, the parties must prescribe the dates during which the work must be done. All requirements regarding the terms are prescribed in Article 708 of the Civil Code of the Russian Federation. It is during the terms prescribed in this section that the object created by the contractor should already meet the specified quality indicators. This requirement is referred to in the practice of lawyers as a warranty period. As for the contractor, he bears full responsibility for how much his work will be completed on time. Moreover, this requirement applies not only to the start and end dates, but also to those that are indicated in the agreement as intermediate.
Special attention in the preparation of the type of contract under consideration should be given to what its value is. The legislator notes that when determining the price of the contract, two elements must be taken into account: compensation for those expenses that the contractor will incur as a result of the work entrusted to him, as well as payment for his activities. By agreement of the parties, the approximate price may be indicated in the body of the contract, with respect to which changes can be made in the process of fulfilling the obligation. The parties can also establish a fixed cost of services, which at all stages of the creation of the object will remain unchanged.
Parties
The characteristics of the contract indicate that its parties are the customer and contractor. Who can be them?
As for the customer, it is the person who makes the order to create a specific object. As such, it can be a legal entity in the form of an organization or enterprise, or a physical person in the form of a simple person.
If we talk about the contractor, then it can also be both a legal entity and an individual. This is a party that assumes a voluntary obligation to perform a specific job. This party in the process of concluding an agreement with the customer pursues its goal. It consists in the performance of work, which is a professional activity, as well as in making a profit in the form of material compensation in the amount established by the contract.
Contractor Responsibilities and Rights
The main content of the contract must necessarily spell out the obligations of each party, as well as their rights. As for the contractor, he must first of all perform the work entrusted to him in an appropriate manner. Moreover, the final result of the activity must fully comply with the quality standards and indicators declared in the agreement.
As for the materials that are necessary for the production of the declared object, they can be provided by the customer. By prior arrangement, the contractor may perform the work entrusted to him at the expense of his own funds. In any case, materials should be spent with maximum savings - this is also one of the responsibilities assigned to the contractor. After all the ordered work is completed, the contractor must provide a complete and detailed report, which should reflect information regarding the use of materials.
In some cases, in the process of performing work, the contractor may find that further implementation of the necessary actions is impossible. This must be notified to the customer, and then suspend the action. In what cases does this arise?
First of all, the contractor is obliged to stop the work entrusted to him in the event that the customer has provided substandard materials for the creation of the object or other circumstances arise, as a result of which the product made will turn out to be dangerous or will not have the desired properties. Also, the suspension of the manufacturing process of the object should occur if the work performed will have adverse consequences for the customer.
If we talk about the rights of the contractor, then a brief description of the contract indicates that they should provide for the observance of benefits for this party. In the process of performing the assigned work, the contractor has the right to independently determine which method the order will be made and which processes will be carried out for this. If necessary, he can also engage in attracting subcontractors - persons who can also perform this work. However, an additional agreement must necessarily be concluded with the indicated group - a subcontract agreement. The legislator provides that such an opportunity can be used only if the legal characterization of the contract does not provide for the performance of the work personally by the party that is indicated in the content of the agreement.
In the event that the customer hesitates with payment or does not pay its final amount specified in the agreement, the contractor has the right not to give him the object that served as the subject of the contract.
Obligations and rights of the customer
The customer is a person who, according to the type of contract under consideration, has one main obligation - to pay for the contractor's work in an agreed amount. In addition, in the event that the content of the agreement indicates that the declared object must be made of materials provided by the customer, it is obligated to deliver the necessary components in a timely manner. After all the ordered work is completed, this party should fully examine the result of the work done and immediately point out the shortcomings, which, if reasonable, should be corrected by the contractor. In the event that the result of the work fully complies with the requirements stated in the contract, the person acting as the customer is obliged to accept the work.
In the event that the contractor needs any assistance from the contractor during the execution of the work, he must provide it if, of course, this procedure does not provide for the execution of part of the ordered work.
Along with the concept and characteristics of the contract, the articles of the Civil Code of the Russian Federation also specify the complex of rights vested in the customer. These include the ability to exercise control over the implementation by the contractor of all the actions carried out by him, as well as the requirement to transmit the results of the work done by him in a timely manner. In the process of execution of the order, he also has the right to demand that each stage of the creation of the object is characterized by the quality of work.
In some cases, the customer has the right to refuse the services of the contractor. This is possible if the contractor performs the tasks assigned to him too slowly and clearly does not fit into the previously agreed and approved plan. In this situation, the customer is also entitled to demand from him full compensation for losses incurred. In the event that the customer sees a lot of shortcomings in the work performed, he may ask to eliminate them, for which a specific period should be determined. If the contractor fails to fulfill the requirements, the customer is also entitled to refuse to provide the service.
Responsibility
The concept of the contract and the general description indicate that it provides for certain obligations, in the case of non-fulfillment of which responsibility arises. In what cases can it occur?
As for the customer, the contractor has the right to put forward certain requirements to him if, for example, he does not want to pay for the work done properly or does not pay the fee in time. The same applies to the case when the customer does not accept the result of the work performed on time.
If we talk about the contractor, then he has a wide range of responsibilities. In particular, it is envisaged for the irrational use of materials provided for the implementation of the order. The contractor is also fully responsible for the actions of the subcontractor, if one has been appointed. In addition, the responsibility of the contractor occurs if the work was not done on time or the final result does not have the necessary properties.
Types of Agreements
The characteristics of the types of contracts are directly dependent on the scope of the contractor and the goal, the contract can be attributed to a certain type. So, this type of agreement can be concluded for the purpose of fulfilling state needs or, for example, for performing technological work. In some cases, it is signed for domestic work. However, in the modern world, construction contracts are very popular. The characteristics of each of the listed types of agreements will be considered in more detail below.
Contract for state needs
It should be noted that at the conclusion of this type of contract one of the parties should be the state. As for the subject of the contract, it may relate to construction work, creating projects, carrying out repairs, etc. The basic rule is that all these works should be aimed at fulfilling the needs of the state’s population. As for financing, it is made from the state and regional budgets. When making a comparative description of the types of work contracts, it is necessary to clearly distinguish between ordinary construction and those that are executed to meet state needs. The difference between these types of agreements is not only in the specifics of financing, but also in that the contractor must be selected on a competitive basis for the performance of the work.
This type of document must be concluded only in writing and signed by two parties.
Construction contract
A general characteristic of this type of contract is that the main object, the creation of which is provided for in the course of the implementation of the tasks set, is a concrete building or its reconstruction. The customer for this type of agreement can be both legal entities and individuals. The same goes for performers. If necessary, the contractor may use the work of subcontractors to implement the assigned plan. The description of the construction contract states that installation organizations or, for example, entrepreneurs who have a special license for construction and repair work can act as such.
Household in a row
If we consider the characteristics of a household contract, it says that the agreement in question is primarily public. It only means that it can be concluded by a commercial organization. In addition, this type of contract determines the need for one party to perform a specific service package for each client.
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