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Lecture notes, cheat sheets
Civil law. A special part. Contract for paid services (the most important)
Directory / Lecture notes, cheat sheets Table of contents (expand) Topic 7. AGREEMENT FOR PAID SERVICES 7.1. General Provisions on Service Obligations A feature of all contractual obligations for the provision of services is that during their execution, the thing is not transferred to the authorized person and, by agreement with him, a new materialized result of human activity is not created, but other actions are performed that satisfy his interests. In addition, unlike obligations to transfer goods and perform work, the object of obligations to provide services, i.e. the services themselves are inseparable from the personality of the service provider. So, for example, the physical movement of cargo from one point to another under a contract of carriage cannot be carried out by itself, without the participation of the carrier. At the same time, obligations to provide services have some similarities with obligations to perform work, in connection with which, according to Art. 783 of the Civil Code, the general provisions on the contract and the provisions on domestic contracting apply to the contract for the provision of services, if this does not contradict Art. 779 - 782 of the Civil Code, as well as the features of the subject of the contract for the provision of services for compensation. The current civil legislation lacks general provisions relating to obligations to provide services, since the norms of Ch. 39 of the Civil Code regulate only the provision of actual, but not other services (paragraph 2 of article 779 of the Civil Code). 7.2. Contract for the provision of services In accordance with paragraph 1 of Art. 779 of the Civil Code, under a contract for the provision of services for a fee, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services. The paid services agreement is consensual, paid and bilateral. The parties to this agreement are the service provider, referred to as the contractor, and the service recipient, referred to as the customer. The Civil Code does not contain any specific instructions regarding the subject composition of this type of contracts, therefore, when determining it, one must be guided by the general rules for the participation of citizens and legal entities in civil circulation. In accordance with Art. 780 of the Civil Code, unless otherwise provided by the contract, the contractor is obliged to provide services personally. Therefore, unless the parties expressly agree otherwise in the contract, the principle of general contracting does not apply. The only essential condition of the contract for the provision of services is its subject matter. It is either the performance by the performer of certain actions (sending and delivery of correspondence, the provision of telephone and other channels in the provision of communication services, the performance of operations and various medical and preventive procedures in the provision of medical services, etc.), or the implementation of certain activities by him (for example, audits, giving advice on a certain range of issues, providing certain information, providing training services, etc.). The object of this type of contract is the beneficial effect obtained by the customer. The requirements for the quality of the services provided are determined according to the same rules as the requirements for the quality of the work performed in the contract. According to Art. 721 of the Civil Code, the quality of the service provided by the contractor, i.e. the result achieved by him, must comply with the terms of the contract, and in the absence or incompleteness of its terms, with the requirements usually imposed on services of this kind. As in a work contract, service quality guarantees can be divided into legal ones, i.e. provided for by law, other legal acts or business practices, and contractual, i.e. assumed by the contractor by virtue of the contract and provided for in it (Article 722 of the Civil Code). The provision of certain types of services may imply that the beneficial effect received by the customer must be maintained within a reasonable time in accordance with the method of its use established in the contract, and if the method is not provided for by the contract, for the usual way of using the result of the provision of services (legal guarantee). In addition, a law, other legal act, a contract for the provision of services for a fee, or business customs for the result of the provision of a service may establish a period during which it must comply with the terms of the contract on quality provided for in paragraph 1 of Art. 721 GK (warranty period). The determination of the price of services rendered under the contract is carried out according to the rules of paragraph 1 of Art. 709 GK. The contract must specify the price of the services to be rendered or methods of determining it. In the absence of such indications in the contract, the price is determined in accordance with paragraph 3 of Art. 424 GK. If the volume and number of types of services are large, then the price can be determined by drawing up an estimate. The term is also among the important conditions of the contract for the provision of services. In relation to this condition, the rules on the contract may also apply in this contract. According to Art. 708 of the Civil Code, in the contract for the provision of services for a fee, the initial and final terms for the provision of services must be indicated, and by agreement of the parties, the terms for the completion of the provision of certain types or the performance of certain stages of the provision of services, i.e. intermediate deadlines. The main obligation of the contractor is to provide services on the instructions of the customer (Article 779 of the Civil Code). Unlike the contractor, the contractor does not provide services to the customer at his own risk. As a general rule, the customer bears the risk of impossibility to fulfill the contract for the provision of services for compensation. It is he who is obliged to reimburse the contractor for the expenses actually incurred by him in the case when the impossibility of performance arose due to circumstances for which neither party is responsible (clause 3 of article 781 of the Civil Code). For the inadequate quality of the services rendered, the contractor bears the same responsibility as the contractor for the inadequate quality of the work performed (Article 723 of the Civil Code). Since the services are provided by the contractor in accordance with the order of the customer, the latter has the right at any time to check the progress and quality of the provision of services, without interfering, however, with the operational and economic activities of the contractor (Article 715 of the Civil Code). The quality of the service provided is of great importance to the customer. Therefore, if the service is provided with deviations from the terms of the contract that worsen the result of its provision, or with other shortcomings that make the result of its provision unsuitable for the use provided for in the contract, or in the absence of such a condition in the contract, the consequences specified in Art. 723 GK. Taking into account the similarity of the subjects of the contract for the provision of services for a fee and the work contract, the limitation period for claims made in connection with the inadequate quality of the result of the provision of any service is also one year, i.e. is abbreviated (clause 1 of article 725 of the Civil Code). The main obligation of the customer is to pay for the services rendered (Article 779 of the Civil Code). Such payment in accordance with Art. 781 of the Civil Code is carried out within the time limits and in the manner specified in the contract for the provision of services for compensation. Upon completion of the provision of services, the customer must evaluate its result. Upon discovery of deviations from the contract that worsen the result of the provision of services, or other shortcomings, he must immediately report this to the contractor. The customer, who discovered shortcomings in the result of the provision of services received from the contractor at the time of its completion, has the right to refer to them only in those cases when they were specified by him or the parties agreed on the possibility of subsequent presentation of a demand for their elimination. The customer, who has not fulfilled these requirements, is deprived of the right to refer to performance shortcomings that could be established in the usual way of using the result of the service (obvious shortcomings), unless otherwise provided by the contract. If, after the end of the provision of the service, deviations from the contract or other shortcomings are discovered that could not be established at the time of the end of its provision with the usual method of using the achieved result (hidden shortcomings), including those that were deliberately hidden by the contractor, the customer is obliged to notify performer within a reasonable time after their discovery. In the event of a dispute between the customer and the contractor regarding the shortcomings or their causes, at the request of any of the parties to the contract, an examination must be appointed. The contract for the provision of services may be terminated at the request of any of its parties. In this case, the customer has the right to refuse to perform this contract, subject to payment to the contractor of the expenses actually incurred by him. The contractor has the right to refuse to fulfill obligations under such an agreement only if the customer is fully compensated for losses (Article 782 of the Civil Code). According to Art. 783 of the Civil Code, along with the general provisions on the contract, the provisions on domestic contracting are also applied to the contract for the provision of services for a fee, if a citizen-consumer acts as a customer. Based on the norms of the Civil Code, as well as the legislation regulating the features of the paid provision of certain types of services, it is possible to classify contracts for the provision of paid services by areas of economic and socio-cultural activities. In paragraph 2 of Art. 779 of the Civil Code gives an approximate list of services that can be provided under such contracts, including communication services, medical, veterinary, auditing, consulting, information services, training services, tourist services and others. Author: Ivakin V.N. << Back: Contracts for research, development and technological work (research and development work) >> Forward: Transport and forwarding agreements (Transport agreements. Transport expedition agreement)
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