Civil law. Part II. Responsibility of the parties under a contract for the supply of goods for state or municipal needs. Contents of the contract (most important)

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Civil law. Part II. Responsibility of the parties under a contract for the supply of goods for state or municipal needs. Contents of the contract (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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Table of contents (expand)

11. RESPONSIBILITY OF THE PARTIES UNDER THE AGREEMENT FOR THE SUPPLY OF GOODS FOR STATE OR MUNICIPAL NEEDS. CONTENT OF THE AGREEMENT

Features of the responsibility of the parties under the supply agreement:

▪ the basis for liability is non-fulfillment or improper fulfillment of the contract;

▪ responsibility is full and is based on the provisions of Chapter. 25 GK;

▪ forms of liability: compensation for losses (actual damage or lost profits) (Article 15 of the Civil Code); collection of contractual penalties (penalties, fines); collection of payment of interest for the use of other people's money in case of violation of monetary obligations (395, paragraph 4 of Article 487, Civil Code): refusal of a party to fulfill the contract, return of poor quality or incomplete goods, purchase of goods by the buyer from another person in case of short delivery, forced payment buyer of an unselected product, etc.

Foreseen increased responsibility of the parties under contract:

▪ the customer is obliged to compensate for losses caused to the supplier within 30 days from the date of transfer of the goods (if they are not reimbursed, the supplier has the right to refuse the contract), as well as losses caused by refusal to compensate for losses incurred by the supplier during the execution of the contract (Article 533 of the Civil Code);

▪ the supplier is obliged to pay a fine in the amount of the cost of the goods, determined in the draft contract, in case of unjustified evasion from concluding a government contract for the supply of goods for federal needs (clause 2 of article 5 of the Federal Law “On the supply of products for federal state needs” and other laws), and in case of delivery of low-quality or incomplete goods, pay a fine in the amount of 20% of the cost of the rejected goods (Clause 5, Article 16 of the Federal Law “On State Material Reserve”).

Features of the content of the contract:

▪ the customer cannot refuse to enter into a contract with the supplier when the supplier has accepted the order;

▪ the customer must compensate for losses incurred by the supplier during the execution of the contract, and within 30 days;

▪ the supplier is obliged to transfer the goods to either the customer or the buyer;

▪ the buyer must pay for the delivered goods in cases where the goods are delivered directly to him, while the customer is a guarantor and bears joint liability with the buyer under the contract (Article 534 of the Civil Code), and if the goods are delivered to the customer, the latter must pay for it.

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