Civil law. Part II. Concept, elements and features of a contract for the supply of goods for state or municipal needs (the most important)

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Civil law. Part II. Concept, elements and features of a contract for the supply of goods for state or municipal needs (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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10. CONCEPT, ELEMENTS AND FEATURES OF THE AGREEMENT FOR THE SUPPLY OF GOODS FOR STATE OR MUNICIPAL NEEDS

Supply of goods for state or municipal needs - a type of supply agreement. This agreement formalizes the purchase of goods necessary for the state, in particular, those necessary to meet the needs of the defense and security of the country. This agreement is regulated by articles of the Civil Code of the Russian Federation dedicated specifically to this agreement, as well as articles devoted to the supply agreement, and special laws: “On the supply of products for federal state needs”; "On the state material reserve"; "On the state defense order."

The general provisions on delivery apply to this contract, unless otherwise provided by the rules for it.

Period execution of actions to conclude an agreement is limited by law: it is defined either in 30 or 20 days.

The price of the product - market, financing of supplies of goods occurs at the expense of budgetary funds and extra-budgetary sources of the Russian Federation.

By the participants contracts of this type are:

▪ customer (either the executive authorities or organizations authorized by them act in its role);

▪ supplier (in this role are entrepreneurs);

▪ recipient goods (buyer).

The subject contracts are things determined by generic characteristics (only Russian-made); the need for ordered items is identified from government programs; the form of this agreement must always be in writing; This agreement is made in two documents:

▪ state or municipal contract for the supply of goods for state or municipal needs - an agreement between the customer and the supplier on the transfer of goods either to the customer himself or to the recipient (buyer) indicated by him;

▪ supply agreement for state or municipal needs - an agreement between the supplier and the recipient (buyer), concluded on the basis of a contract for the transfer of goods by the supplier to the buyer. The intermediate document between them is the customer's notification to the buyer about his attachment to the supplier.

In the procedure for concluding a supply contract for state needs, one can single out next steps:

▪ determination of state or municipal needs for goods of a certain type;

▪ issuing an order for the supply of goods to the customer;

▪ placing an order by the customer (this can take place at competitions);

▪ conclusion of a contract between the supplier and the customer;

▪ sending by the customer to the recipient of the goods (buyer) a notice that it has been assigned to a specific supplier;

▪ conclusion of a supply agreement between the supplier and the buyer based on notification from the customer.

Buyer Violations:

▪ failure to pick up goods by the buyer within the specified period;

▪ failure by the buyer to provide a shipping invoice;

▪ repeated delay in payment for goods by the buyer.

<< Back: Rights and obligations of the parties under the supply agreement

>> Forward: Responsibility of the parties under the contract for the supply of goods for state or municipal needs. Contents of the contract

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