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Civil law. Part II. Rights and obligations of the parties to the contract (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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46. ​​RIGHTS AND OBLIGATIONS OF THE PARTIES TO THE CONTRACT

Customer Responsibilities: pay the contractor the agreed price after acceptance of the work; provide materials for the performance of work, if it is provided for by the contract; inspect and accept the work performed and, in case of detection of deficiencies, immediately report this to the contractor.

Customer rights: conclude contracts for the performance of certain types of work with other persons with the consent of the general contractor, who become responsible to the customer; control the progress and quality of work performed by the contractor, without interfering with his activities; refuse to perform the contract and demand compensation for damages in case of slow performance of work; set a reasonable time for the contractor to eliminate the deficiencies, and in case of failure to comply with this requirement, cancel the contract or entrust the correction of work to another person at the expense of the contractor, as well as demand compensation for losses from him.

Contractor Responsibilities: transfer the rights to the customer to the manufactured item; perform work from their own materials, by their own strength and means, unless otherwise provided by the contract; perform the work at the price determined by the contract, if he did not warn the customer in a timely manner about its actual excess; use the material provided by the customer economically and prudently, submitting to the customer a report on its consumption after completion of work and returning its balance; warn the customer and, until receiving instructions from him, suspend work if circumstances are discovered that threaten the suitability or strength of the results of the work being performed or the impossibility of completing it on time. In case of failure to take measures by the customer, the contractor has the right to refuse to perform the contract and demand compensation for losses caused by its termination.

Contractor's rights: independently determine ways to fulfill the customer's task; involve subcontractors in the performance of his duties, if the contract does not provide for his obligation to perform the work personally; demand payment at the price stipulated by the contract, in the event that the actual costs of the contractor turned out to be less than those taken into account when determining the price of the work; keep the result of work, equipment until the customer pays money for the performance of the contract; demand payment for the work performed by him, if the result of the work was not achieved or the achieved result turned out to be with defects that make it unsuitable for the use provided for in the work contract or for normal use, due to reasons caused by defects in the material provided by the customer; not to start work, but to suspend the work begun if the customer fails to fulfill counter obligations and demand compensation for losses.

Risk of death:

▪ property transferred for the execution of the contract is borne by the party that provided it;

▪ the result of the work performed before its acceptance by the customer is borne by the contractor;

▪ the result of work in case of delay in delivery or acceptance is borne by the party that caused the delay. The parties may provide in the contract for the distribution of savings received by the contractor between them.

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