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Civil law. Part II. Public competition (lecture notes)

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98. PUBLIC COMPETITION

A public competition is a type of public promise of an award. A person who has publicly announced the payment of a monetary reward or the issuance of another award (about the payment of an award) for the best performance of work or the achievement of other results (the organizer), must pay (give out) a conditional award to the one who, in accordance with the terms of the competition, is recognized as its winner. A public competition must be aimed at achieving some socially useful goals.

Contest organizers can be any legal and (or) individuals, as well as state. bodies and bodies of local self-government.

Circle of participants public competition is also not limited.

Types of public competition: open - when the proposal of the organizer of the competition to take part in it is addressed to everyone by an announcement in the press or other media; closed - when an offer to take part in the competition is sent to a certain circle of persons at the choice of the organizer of the competition.

Form announcement of a public competition can be any.

Conditions, cat. must contain a competition announcement, are divided into mandatory and optional.

Mandatory conditions include: information about the essence of the assignment (subject of the competition); deadline for completing the task; the procedure for presenting works or other achievements; place of presentation of the work; criterion, procedure and term for comparative evaluation of works; amount of remuneration (premiums); the procedure and deadline for the announcement of the results of the competition.

Optional conditions are specified at the free discretion of the organizer of the competition, and their number and nature depend on the characteristics of the competition.

Change of conditions and cancellation of the public competition: the person who announced a public competition has the right to change its conditions or cancel the competition only during the first half of the period established for the submission of works; notification of changes in the conditions or cancellation of the competition must be made in the same way in which the competition was announced; the person who announced the competition must reimburse the costs incurred by any person who performed the work specified in the announcement before he became or should have become aware of the change in the conditions of the competition and its cancellation; the person who announced the competition shall be released from the obligation to reimburse expenses if he proves that the said work was performed not in connection with the competition, in particular before the announcement of the competition, or knowingly did not comply with the conditions of the competition.

The right to receive an award (award) arises from the participant of the competition only if his work is recognized as the best. If the results are achieved in the work performed jointly by two or more persons, the reward is distributed in accordance with the agreement reached between them. If such an agreement is not reached, the procedure for distributing the award is determined by the court.

Competitive works that were not awarded an award, the organizer of the competition is obliged to return to the participants immediately after the announcement of the results. Failure to fulfill this obligation gives the contestants the right to demand the return of their works, and in case of their loss or damage - compensation for damages.

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