Contract law. Agreement for the implementation of research, development and technological work (the most important)

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Contract law. Agreement for the implementation of research, development and technological work (the most important)

Lecture notes, cheat sheets

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48. CONTRACT FOR THE PERFORMANCE OF SCIENTIFIC RESEARCH, EXPERIMENTAL AND TECHNOLOGICAL WORKS

Under a contract for the performance of research, development and technological work, the contractor undertakes to carry out scientific research stipulated by the technical specifications of the customer, and under a contract for the performance of experimental design and technological work - to develop a sample of a new product, design documentation for it or a new technology, and the customer undertakes to accept the work and pay for it (Clause 1, Article 769 of the Civil Code of the Russian Federation).

The contract for the performance of research, development and technological work 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 presence of subjective rights and obligations on both sides of the contract for the performance of research, development and technological work.

subject of a contract - the result of a creative solution by the performer of the assigned scientific, technical or technological task. The result of contracts for the performance of R&D should always be in a material form - a scientific report (conclusion), a product sample, design documentation, etc. either survey work, or both design and survey work carried out for state or municipal needs.

Essential conditions public contract are also ways to enforce contractual obligations.

The obligations of the state customer to pay for the work are provided by the relevant government bodies of the Russian Federation, a constituent entity of the Russian Federation or a municipality (depending on the source of funding).

It is permissible to apply any interim measures provided for by civil law: suretyship, bank guarantee, forfeit, etc.

Parties to the contract - state or municipal customer and contractor. Government authorities of the Russian Federation and constituent entities of the Russian Federation or a local self-government body, as well as recipients of budgetary funds authorized by these bodies (only budgetary organizations) can act as a state or municipal customer. A contractor may be a legal entity or a citizen that meets the requirements of the legislation on placing orders.

Form of contract - written.

Responsibility of the parties the state contract has some features.

In case of delay in fulfillment by the customer of the obligation stipulated by the state or municipal contract, the contractor has the right to demand payment of a penalty in the amount of 1/300 of the CBR refinancing rate.

Author: Rezepova V.E.

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