Generals of contract of work and labour

Rubric: moral
Monday, 18 May 2009 г.
Viewed: 1142

Generals of contract of work and labour. By agreement there is one side - a contractor is obligated to execute certain work on the task of customer from his or materials, and other side - a customer is obligated to accept work and to pay it. Distinguish the followings types of contract of work and labour: domestic contract, build contract, on implementation of project and findings works, by contract works for state needs. The feature of contract of work and labour is a duty of contractor to execute work for the risk. It means that the risk of casual death of the article of contract, risk of casual delay or casual worsening, lies down on him. In this case, in spite of absence of guilt, his charges are not compensated a contractor.

Subject of agreement of contract:

The subject of agreement of contract is every work, creating transferrable a customer result, that includes the cases of processing of thing.

If an agreement is not foresee the duty of contractor to execute work personally, he is right to bring over to it other persons (subcontractor). In this case a contractor carries before a customer responsibility for losses, caused participation of subcontractor in execution an agreement, and before a subcontractor is responsibility for the nonperformance of obligations a customer under the contract of work and labour. A contractor has a right on withholding of result of works, if a customer will not pay a price.

Terms of contract of work and labour:

Establishment in the agreement of concrete terms is a substantial condition, as unachievement of consent on the terms of execution of works does an agreement unprisoners. In the contract of work and labour it is accepted to distinguish a moment began completions of work, and also intermediate terms. Requirement to pointing of terms behaves only to the initial and eventual terms.

Avoiding contract of contract:

Avoiding contract of contract is assumed, in a difference from general principles of avoiding contract, in an one-sided order by a customer at any time to handing over of result of works with a compensation the contractor of already executed labour costs, and also losses. In same queue a contractor is right to give up execution of agreement and claim damages only in the case of nonperformance of meetings obligations a customer under an agreement, in particular ungrant of material, to the technical document.

Subject of agreement of the retribution providing of services:

On the nature the contracts of work and labour are similar with the agreements of the retribution providing of services, but the last have a row of of principle features. By agreement of providing of services a performer is obligated to accomplish certain actions or carry out certain activity which can not make a financial result (for example, favour of connection and videoservices, educational establishments), but can make. One general sign is inherent all services - the feasance of actions, not having financial embodiment is preceded a result, constituents together with him single unit. Therefore at providing of services there is for sale a not result, but actions, to him leading.

The sides of agreement of the retribution providing of services are a performer and customer, which both physical and legal persons can be. However much a legislation can set the special subject composition of agreement of providing of services, depending on character of services. So, for example. only a legal entity can be a performer by agreement of services of public-call connection and customer by agreement of providing of legal services.

Avoiding contract of the retribution providing of services.

Avoiding contract of the retribution providing of services possibly, unlike the contract of work and labour, in an one-sided order, both on initiative of customer and on initiative of performer.

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