The topic "Contract of the Civil Code of the Russian Federation and other acts" allocates a lot of space in the regulatory system. After all, it is widely used both by ordinary citizens in everyday life, and by large companies. In this regard, it is useful to familiarize yourself with the content of the legislation in this regard.
The role of the civil code
What is a contract agreement? The Civil Code of the Russian Federation gives an exhaustive answer, describes its elements, the terms of the contract. The code contains the basic rules on the contract. In addition, it is subject to other general rules of the Civil Code that affect other institutions (other agreements, property rights, etc.), for example, the principle of good faith actions 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 are provided by a whole list of regulatory acts of a technical nature. Parties have the right to prescribe additional points on quality.
A framework has been established in which the parties are free from the requirements of the law. They are allowed to be ignored somewhere, replaced by their own options; somewhere, a choice of several options is offered. What does a contract look like ? A sample is sometimes not similar to others in either volume or content.
A sufficiently high degree of freedom of the parties is confirmed by the many options for contracts laid out on the Internet, and a large volume of judicial practice.
How is this implemented in practice? The parties themselves decide whether or not to involve a subcontractor, and which party has 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 characterizes it as an order to perform work with an agreed result. There are two main responsibilities. The contractor fulfills the order and provides the result to the customer. The customer accepts the work and pays for it.
The following types of contract are distinguished:
- building;
- domestic;
- design or survey work;
- fulfillment of the state order.
Subject of the contract
At first glance, it’s quite easy to distinguish from other legal structures in a row; in practice, confusion constantly arises. The reason for this is similar wording.
In practice, it is almost impossible to find a contract for the performance of work 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 being made to sell real estate that they plan to create in the future. Such an approach is increasingly becoming the norm, because social relations are becoming more complicated every day.
The contract affects only tangible objects, in contrast to the same sale. The customer receives a new item, created anew or recycled. The contract of the Civil Code of the Russian Federation aims at creating a tangible result as opposed to, for example, services. In them, the material aspect is secondary (for example, the field of counseling).
For this reason, such a formulation as a contract for the provision of services is somewhat incorrect, although it is applied in reality. As a result of this, difficulties arise, in particular with the tax service and with counterparties.
Parties to the contract
The customer and contractor are standard participants in the agreement. It is possible to include a general contractor and a subcontractor.
The first works directly with the customer and involves other persons who already work exclusively with the general contractor to carry out the order. However, the reverse interaction scheme may be prescribed in the contract when the customer directly contacts the subcontractor. How is the contract formulated? The sample should contain the rights, duties and responsibilities of the customer and subcontractors in relation to each other. The text addresses other points.
Specific clauses of the contract
- The risk of death of materials, equipment lies with the one who provided them, and the death of the result lies with the contractor before it is transferred to the customer, and with the customer after it is transferred. If there has been a delay, the risks fall on the culprit.
- If there are several contractors, each is responsible for his part of the work, if the division of the front of work is impossible, then the responsibility is equally divided.
- The term of the contract is indicated by the start and end dates of the work. Provides for the creation of a schedule. The contractor is responsible if it does not start and finish work on time, liability may also be provided for violation of the interim schedule.
- A fixed price or a method of calculating it is registered.
- An estimate is made if the contractor does not warn the customer about a price change in a timely manner, additional costs will be borne by him.
- The work contract gives the contractor the right to keep the money saved if the quality of the result has not deteriorated.
- A fixed price is not reviewed without the consent of both parties. If the customer does not agree to pay the increased costs of the contractor, which could not be foreseen, he has the right to ask the court to terminate the contract.
- Work is paid either after graduation, or in stages, a deposit or an advance can be provided.
- A warranty period may be provided, but it may not be, unless otherwise specified in legal acts.
- The limitation period for applying to the court is 12 months, if the construction contract is 3 years.
All other items that are not described are based on the principle of guilt. The culprit pays losses. This affects all aspects of the contract.
Construction contract features
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 is the availability of technical documentation, rules for making changes to it. An engineer takes part in the project.
It is the responsibility of the customer to create working conditions - he provides sites, provides transportation of materials, equipment.
The contractor is responsible for materials, equipment and labor.
Each party is obliged to do everything in its power to fulfill the contract.
Performance of work on complex objects is taken in stages, the customer is obliged to arrange acceptance.
What is the difference between household in a row
This is the name of the contract with the individual for his personal needs. Gaps in the Civil Code are filled in by legal acts on the protection of consumer rights.
The customer has the right to refuse the agreement at any stage, having paid the costs and the completed part of the work. The prohibition of cancellation of the contract at any time is illegal and invalid.
The contractor is obliged to provide all information about the result, its use, price, forms of payment. Deception or the provision of false information gives the customer the right to refuse the agreement without any compensation to the contractor.
The price can be regulated by state bodies, and a contract with an individual is concluded in some cases on the basis of a standard form.
Contract for design work and surveys
The subject is the creation of technical documentation or surveying.
The customer transfers the information that is needed to complete the order, the contractor is obliged to adhere to it.
The obligation of the contractor to coordinate the created documentation with the customer or the competent state or municipal authority. The customer does not have the right to refuse to participate in the coordination.
The contractor indemnifies losses arising out of his fault.
The customer pays the expenses of the second party, uses the documentation in accordance with the purpose and instructions of the contractor.
Municipal or state order
The subject is construction, design and survey work. Participants - customer and contractor. The customer may be the manager of budget funds, concluding a contract in favor of third parties.
The customer is the enterprise, organization, government, including municipal.
Essential conditions:
- Scope of work.
- Their cost.
- Stages of financing, form of payment.
The right to unilateral amendments 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.