Contract law. Household contract (most important)

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Contract law. Household contract (most important)

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44. HOUSEHOLD CONTRACT

Household contract - an agreement by virtue of which the contractor, carrying out the relevant entrepreneurial activity, undertakes to perform, on the instructions of a citizen (customer), certain work designed to satisfy the household or other personal needs of the customer, and the customer undertakes to accept and pay for the work (clause 1, article 730 of the Civil Code of the Russian Federation) .

The household contract is:

1) consensual - the conclusion of the contract occurs from the moment the parties reach an agreement on its terms;

2) paid;

3) mutual - the existence of subjective rights and obligations of both parties to the contract;

4) public.

subject of a contract - the work is intended to meet the customer's domestic or other personal needs. These relationships are fully subject to consumer protection legislation.

Parties to the contract - customer and contractor.

On the side of the contractor is a person carrying out the relevant business activities for the performance of work, as a rule, a commercial organization or an individual entrepreneur. Only a citizen can be a customer under such an agreement.

Form of contract - written. It is in the form of a receipt or other document.

A household contract can also be drawn up by issuing a cash receipt, ticket, etc., if the work is performed in the presence of the consumer.

Rights and obligations of the contractor:

1) the contractor is obliged to perform the work within the time period established by the rules for the performance of certain types of work or by the contract;

2) if the work is performed from the material of the contractor, the material must be paid by the customer at the conclusion of the contract in full or in part specified in the contract;

3) the contractor is obliged to inform the customer about the requirements that must be met for the effective and safe use of the result of the work, as well as about the possible negative consequences of non-compliance with these requirements;

4) the contractor has the right to sell the result of the work after 2 months from the date of the written warning of the customer about the need to receive it;

5) the contractor is obliged, prior to the conclusion of the contract, to provide the customer with the necessary and reliable information aimed at eliminating the customer's misconceptions regarding future contractual legal relations.

Rights and obligations of the customer:

1) has the right to demand quality performance of work;

2) is obliged to accept and pay for the result of the work;

3) has the right to refuse to accept the result of the work in case of poor performance of the work.

Author: Rezepova V.E.

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