Civil law. Part II. Features of concluding and terminating an energy supply contract. Responsibility of the parties under the contract (the most important)

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Civil law. Part II. Features of concluding and terminating an energy supply contract. Responsibility of the parties under the contract (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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16. FEATURES OF THE CONCLUSION AND TERMINATION OF THE ENERGY SUPPLY CONTRACT. LIABILITY OF THE PARTIES UNDER THE CONTRACT

Features of the conclusion energy supply contracts:

1) it is necessary for the subscriber to have a special power receiving device, connected to power supply networks. organizations, the availability of devices that provide accounting for energy consumption, and other equipment: networks, wires, transformers, substations, etc.;

2) power supply the organization does not have the right to refuse to conclude an agreement if it has the opportunity to supply energy, and also does not have the right to give preference to any of the consumers, unless this is provided for by legal acts;

3) the moment of concluding an agreement with a citizen subscriber is considered to be its connection to the network in accordance with the established procedure, and the proof of the conclusion of the agreement is a receipt for paying for electricity for a month. The moment of concluding an agreement with a subscriber - a legal entity is considered to be the signing of an agreement, to which must be attached: an act of delimitation of the balance sheet ownership of energy networks (heat networks) and exploitation. the responsibility of the parties;

4) in the case of supplying energy to a sub-subscriber, two contracts are concluded: one between the supplying organization and the subscriber, and the other between the subscriber and the sub-subscriber. The contract is considered not concluded if it does not contain a condition on the amount of monthly and quarterly energy supplied.

Rules for changing and terminating the contract:

1) a subscriber - a citizen using energy for domestic consumption, has the right to terminate the contract unilaterally, subject to notification of the energy supply organization and full payment for the energy used;

2) a subscriber - a legal entity has the right to refuse to fulfill the contract only if there are significant violations committed by the energy supply organization: supply of energy of inadequate quality, repeated violation of the terms of energy supply, etc.;

3) the power supply organization has the right to stop the supply of energy if the other party agrees or without its consent, if necessary, take measures to eliminate or prevent an accident. In both cases, the law obliges the power supply organization to warn the subscriber about the power cut.

Civil law liability of the parties under the contract power supply occurs in case of non-fulfillment or improper fulfillment of the contract by them.

Seller's responsibility arises in the form of compensation for real damages:

1) in case of violation by the seller of the conditions on the quality of the energy supplied by him;

2) in the event of interruptions in the supply of energy by the seller without an appropriate warning if it is his fault.

Buyer's responsibility occurs in case of non-payment for the energy used by him: the seller has the right to cut off the energy supply. He is responsible for not reporting to the seller information about violations that occurred during his use of energy. The form of liability in the latter case is compensation for actual damage.

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