Contract of the Civil Code of the Russian Federation. The Civil Code of the Russian Federation

The topic "The contract of the RF Civil Code and other acts" allocate a lot of space in the regulatory system. After all, it is widely 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 in this regard.

Role of the Civil Code

What is a work contract? 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 of the contract. In addition, it is subject to other rules of the Civil Code of a general nature that affect other institutions (other agreements, ownership, etc.), for example, the principle of good faith in the actions of a party. At the same time, the regulatory framework should not contradict the norms of the Civil Code.

Thus, for example, the requirements for the quality of performance of work are provided by a whole list of normative acts of a technical nature. The 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 with their options, somewhere there is a choice of several options. How does the contract work? The sample is sometimes not similar to others in terms of both volume and content.

A sufficiently high degree of freedom of the parties is confirmed by a variety of options for contracts laid out on the Internet, and a large amount of judicial practice.

How is this realized in practice? The parties decide for themselves whether the subcontractor is eligible or not, and which party is responsible for paying for the purchase of materials, equipment and other expenses.

Concept of the contract of the contract

What is a work contract? The Civil Code of the Russian Federation characterizes it as an order to perform work with the agreed result. There are two main duties. The contractor executes the order and provides the result to the customer. The customer takes work and pays for it.

The following types of contracts are singled out:

• building;
• domestic;
• Performance of design or survey works;
• Execution of state order.

Subject of the contract

From the first glance in a row, it's easy enough to distinguish it from other legal constructions, in practice there is always confusion. The reason is similar wording.

In practice, it is almost impossible to find a work contract in the "pure form", it is mixed with other types of agreements, which is dictated by the needs of the parties.

For example, deals are concluded on the sale of real estate, which they plan to create in the future. Such an approach is increasingly becoming the norm, as social relations become more complex every day.

The contract affects only material objects, in contrast to the same purchase and sale. The customer receives a new thing, created anew or reworked. The contract of the Civil Code of the Russian Federation aims at creating a tangible result, in contrast to, for example, services. In them, the material aspect is secondary (for example, the area of counseling).

For this reason, the wording of the contract for the provision of services is somewhat incorrect, although it is applied in reality. As a result, difficulties arise, in particular with the tax service and with counterparties.

Parties to the contract

The customer and the contractor are the standard parties to the agreement. It is envisaged to include a general contractor and a subcontractor.

The first works directly with the customer and attracts other persons who are already working exclusively with the general contractor to fulfill the order. However, in the contract, a reverse interaction scheme can be prescribed, when the customer directly contacts the subcontractor. How is the contract agreement formulated? The sample should contain the rights, responsibilities, and responsibility of the customer and subcontractors in relation to each other. The text also touches upon other points.

Specific items of the contract agreement

• The risk of loss of materials and equipment falls on the one who provided them, and the loss of the result - to the contractor before it is transferred to the customer, and to the customer - after it is transferred. If there was a delay, the risks are borne by the culprit.
• If there are several performers, each is responsible for his part of the work, if the division of the work front is impossible, then the responsibility is shared equally.
• The term of the contract of work is indicated by the dates of the beginning and the end of the work. Provision is also made for the creation of a schedule. The contractor is responsible, if he does not start and does not finish the work on time, responsibility can be provided for the violation of intermediate timelines in the schedule.
• A fixed price, or a way of calculating it, is prescribed.
• An estimate is prepared, if the contractor does not warn the customer about the price change in a timely manner, additional expenses fall on it.
• A work contract for the performance of work gives the contractor the right to retain the savings if the quality of the result has not deteriorated.
• The firm 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 request the court to terminate the contract.
• The work is paid for or after graduation, or in stages, there may be a deposit or advance payment.
• The 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 unspecified items are based on the guilt principle. The culprit pays damages. This affects all aspects of the contract.

Features of the building contract

The construction contract is aimed at the creation of a new property or its reconstruction. The result, materials, equipment are subject to insurance.

Another feature of the agreement is the availability of technical documentation, rules for making changes to it. The engineer takes part in the project.

On the customer is the duty to create the conditions of work - it provides sites, provides the supply of materials, equipment.

The contractor is responsible for materials, equipment and labor.

Each party is obliged to do everything that depends on it to fulfill the contract.

Performance of work on complex objects is adopted in stages, the customer is obliged to arrange acceptance.

What is the difference between a household contract

This is the name of the contract agreement with an individual for his personal needs. The GK blanks are filled with legal acts on the protection of consumers' rights.

The customer has the right to refuse the agreement at any stage, having paid the expenses and the part of the work done. The prohibition of refusal of the contract at any time is illegal and invalid.

The contractor is obliged to provide all information about the result, its use, the 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 the contract of work with an individual is in some cases based on a standard form.

Contract for design works and surveys

The subject is the creation of technical documentation or conducting survey work.

The customer sends the information that is needed to fulfill the order, the contractor must follow 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 approval.

The Contractor shall indemnify for losses incurred through his fault.

The customer pays the expenses of the second party, uses the documentation in accordance with the appointment and instructions of the performer.

Municipal or state order

The subject is construction, design and survey work. Participants are the customer and the contractor. The customer may be the administrator of budgetary funds, who enters into a contract in favor of third parties.

From the customer 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.