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Civil law. Part II. Household contract (the most important)

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47. HOUSEHOLD CONTRACT

On house contract the contractor carrying out the relevant entrepreneurial activity undertakes to perform, on the instructions of a citizen (customer), certain work intended to satisfy the household or other personal needs of the customer, and the customer undertakes to accept and pay for the work.

Features of the contract household contract:

▪ the subject of the contract is intended to satisfy the household or other personal needs of the customer;

▪ the customer is a citizen, and the contractor is an entrepreneur (clause 1 of article 730 of the Civil Code);

▪ the contract is public - Art. 426 of the Civil Code (clause 2 of Article 730 of the Civil Code);

▪ laws on the protection of consumer rights apply to relations arising under this agreement (clause 3 of Article 730 of the Civil Code);

▪ the contractor has no right to impose additional work or services on the customer (clause 1 of Article 731 of the Civil Code);

▪ the contractor is obliged to provide the customer with reliable information about the proposed work before concluding the contract, as well as about the specific performer, if this is relevant (clause 1 of Article 732 of the Civil Code). Otherwise, the customer has the right to demand termination of the contract without payment for its implementation (clause 2 of Article 732 of the Civil Code);

▪ the contractor’s materials are paid by the customer upon conclusion of the contract, either in full or only in the part specified in the contract, with final payment upon receipt of the result of the work (clause 1 of Article 733 of the Civil Code). A change in the price of material provided by the contractor does not entail recalculation (clause 2 of Article 733 of the Civil Code);

▪ the customer’s material must be described and assessed in the receipt issued to him by the contractor (Article 734 of the Civil Code);

▪ the price of the work is determined by agreement of the parties and cannot be higher than that established or regulated by the relevant government bodies (Article 735 of the Civil Code);

▪ the work is paid for by the customer after its final delivery by the contractor. With the consent of the customer, the work can be paid for by him at the conclusion of the contract in full or by issuing an advance;

▪ the contractor is obliged to inform the customer about the conditions for using the work he has performed (Article 736 of the Civil Code);

▪ if the customer evades acceptance of the result of the work, the contractor has the right, after 2 months from the date of written warning, to sell the result of the work, withhold the amount due to him, and deposit the rest - Art. 327 Civil Code (Article 738 Civil Code).

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