Russian legislation provides many types of civil-law agreements.Among them - the agreement on paid services.It can be concluded between citizens and between organizations.
Determination
Civil Code defines a service agreement as an agreement under which one party (the contractor) is obliged to do something for the other (the customer), which guarantees the payment of the subsequent outcome.The legal environment is believed that such contracts in all cases will be onerous, bilateral and consensual - for the recognition of transactions concluded a verbal agreement is enough.
as some experts believe, the paid services - a sample of mutual trust of citizens.According to Chapter 39 of the Code, such contracts may be concluded for the provision of services related to medicine, auditing, consulting, technology, information and communication, tourism and education.It is enough to spread this type of contract as a contract of paid rendering of legal services - legal advice and legal support.There can be, of course, not prohibited by law different spheres of interaction between the customer and the performer.
Responsibilities Executive
paid provision of services under the contract involves a substantial amount of the duties assigned to the Executive.Here are the basics.Firstly, the Executive is prescribed to provide customers a full range of information about yourself (such as your office, the data on licenses, if necessary).Secondly, the executor is obliged to provide the service within the period prescribed in the contract.The exception may be cases where there is a delay due to force majeure.
The circumstances of force majeure, as noted by several lawyers, is not the fact of unavailability on the open market of various tools and materials that the Executive requires to engage in the progress of the order.Third, the singer, according to Article 780 of the Civil Code of Russia, agrees to provide the services under the contract in person (though, if the customer gives good part of the work can still be a delegate to third parties).Rights
customer
customer, due to the fact that the contract involves paid services, is endowed with substantial rights.Among them are the following.Firstly, the customer in the event of delay may require payment from the contractor daily penalty of 3% of the cost of services (this gives the customer the right to the Law on Protection of Consumer Rights).Secondly, even if the artist does his work under the contract in good faith and in the prescribed period, the customer is nonetheless has every right to refuse further cooperation.Paid services agreement binding in terms of performance from start to finish only to the artist.However, using such a right, the customer must pay the amount of the services already provided.It should also be borne in mind that the notification of the desire of the Executive to refuse further cooperation the customer is obliged in writing.
Features drafting contract
Paid services agreement include several types of items.They should be prescribed information on the turnaround time performer, as well as the manner in which the customer pays.Some lawyers recommend a fix and a place where the performer will do its job.The document must be present item, reflecting the subject of the contract and, if necessary, a list of specific actions to make that undertakes Performer (any information about what is in accordance with the contract, he will deal with what kind of actions should be taken).It is important to avoid too vague or general language in the text of the contract.If it is not clear that it is prescribed to make the executor, the object of the contract shall be considered inconsistent.
Features contracts related to medical services
Among jurists it is believed that the paid medical services has a distinctive specificity of other civil-law agreements of this type.The fact is that here we are talking about the simultaneous action of several legislations.The legal nature of agreements on health services, as well as other similar contracts, suggests that they should be governed by the Civil Code, in particular, chapter 39.
medical activities may take place in two areas - where applicable compulsory health insurance, and where used the rules and regulations specific to the voluntary insurance.The provision of medical services in the framework of civil-law agreements takes place, usually on the basis of a contract for the provision of preventive and curative care.Rights and obligations of the parties under this type of contract are governed by the Civil Code is not only Russia but also the Health Insurance Act.According to some lawyers, the provision of services related to medical activities fall under the laws relating to the protection of consumer rights.
Differences from the contract
concept of a service agreement differs from that of a contract providing for execution of works on contract.Therefore, as noted by lawyers, it is important to know about the delimitation of the two types of agreements.The first thing they are dissimilar - a subject.Beneath it is understood in the work contract as a result of something material, and the contract for the provision of services - the result of some activity of the performer.
GK Russia openly says that the subject of contract should be the real result (creation of new things or making significant changes to the former).A very significant factor in the provision of personal services.According to article 780 of the Civil Code, the executor of the contract of paid performance required to provide the services itself, and in accordance with Article 706 of the Code of the contractor has every right to ask for help in order to work on to third parties.What do we see?Apart from the fact that specific types of service agreement are quite different, this type of contract is very different from an agreement with a similar legal nature.
When the arrangement is executed?
in Russian legislation a service agreement are governed by several types of rules.Fact of the terms of the contract, according to a number of lawyers, is fixed at the time of signing the act of acceptance and transfer or the availability of other evidence.Examples of the latter - the oral testimony of third parties that may participate in the performance of work or to see how it is done, readings from different instruments and use of other technical means.
evidence may serve as a printout of telephone conversations, the information from the electronic mailbox, indicating the exchange agreements, relevant to the contract.In addition, evidence of performance, according to a number of lawyers may be the lack of critical remarks to the results of the customer.Some experts recommend the same amount to all acts of reception and transmission, to avoid possible confusion in the course of cooperation between customer and supplier.
Specificity payment
After agreeing act of acceptance by the customer shall in any case pay for the work of the performer.In some cases, payment instruments prescribed under certain conditions (for example, when such a decision of the court), but such items are often recognized by the courts as invalid and the customer agrees to pay for the services of the performer.
way, if the work is done well and the person who ordered it, there is no claim to it, the fact of the Executive to third parties is not significant and can not be grounds for refusal to pay.At the same time, lawyers say, if the result of the work there, and it is acceptable to the customer, but there is evidence that labor is not Performer (and not a third party, at his request), it already may be grounds for denial of payment.
Disclaimer Service Executive
According to article 782 of the Civil Code of Russia, the customer can without explanation and unilaterally announce the executor of his refusal to services.The contract can not be any restrictions on this right.The only case where the customer can not refuse to conclude a transaction - when the work is already done, and it can be something confirmed (or signed the act of acceptance).
There are also cases where a unilateral renunciation of the use of services is not possible because of the specific subject matter of the contract (for example, when it comes to the provision of public services).If the customer exercises its right to refuse the services of the Executive, it must, firstly, to inform the other side of the agreement, and, secondly, to stop using the services actually.Artist, in turn, has the right to demand compensation for the work already done (though you need to prove that the actions were aimed at a particular order).
