Contract law. Contract for paid services (the most important)

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Contract law. Contract for paid services (the most important)

Lecture notes, cheat sheets

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49. AGREEMENT FOR PAID SERVICES

On contract for the provision of services the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.

The 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 for the provision of services for compensation.

Contractor (service provider):

1) an individual;

2) a legal entity, in some cases having a special license to carry out a specific type of activity.

Customer (service recipient):

1) an individual;

2) legal entity.

As the subject of the contract The paid provision of services is the beneficial effect received by the customer from the performance by the performer of certain actions or the implementation of certain activities by him. The beneficial effect obtained by the customer under the contract is of an intangible nature and, in contrast to the work contract, is never expressed in the appearance of a new thing or a change in the consumer properties of an existing one.

Price - not determined by legislation.

Date of performance - determined by agreement of the parties.

An essential condition contract for the provision of services is term.

Content of the contract are the obligations of the contractor to provide the service, and the customer - to pay for it. The obligation of the performer can be specified by describing the service to be provided, determining the place and term of its performance. Without determining these circumstances, the provision of services is impossible, since the process of providing the service and its result are inseparable.

Rights and obligations of the contractor (service provider):

1) is obliged to provide a service specified in the contract with an indication of the time and place of its performance;

2) has the right, in case of impossibility of performance due to the fault of the customer, to demand payment in full, provided for by the contract;

3) the right to compensation for expenses actually incurred before the impossibility of performance;

4) has the right to cancel the contract for the provision of services for compensation at any time, subject to compensation for losses to the customer.

Rights and obligations of the customer (service recipient):

1) is obliged to pay for the services provided;

2) compensate the contractor for the expenses actually incurred before the impossibility of providing the service;

3) has the right to cancel the contract for the provision of services for compensation at any time, subject to compensation to the contractor for losses.

Author: Rezepova V.E.

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