Public contract - a species of civil relations.This concept is revealed in the article.426 of the Civil Code.The meaning of the concept is reduced to the provision of services (works, sale of goods) turn every commercial organization.We are talking about the services that the organization provides to their activities.
That is a public contract - a contract having a civil nature, and the following features:
1. One of the subjects of such a contract is necessarily a commercial organization.It can be a municipal or state unitary enterprise, production cooperative, company or partnership.Counterparty same - physical (legal) person - a consumer of services, goods or performance.
2. A possible subject of a public contract may be not every commercial organization.It depends on the type and nature of its activities.There are types of business activities designed to provide services or sell goods without exception, to turn.An indicative list of these activities is given in st.426 Civil Code (para. 1).
main ones - retail, transportation by public transport, medical and hotel services, as well as telecommunication services and banking (to raise funds on deposit).
3. Public contract Regarding the activities, the content of the appropriate nature of the main activities of the organization.For example, if the subject of health care providers (clinic), this activity falls under the definition of a public contract.But if this same clinic buys or sells property or equipment for your needs, then the contract (purchase and sale) is not classified as public.
Public Offer Agreement imposes on its subjects certain legal restrictions.
1. This commercial organization denied the right to choose a partner or refuse to sign the agreement.When the available opportunities of consumers specified in the contract goods and services refusal to sign the agreement is considered to be unfounded and bears all the relevant legal consequences.
2. The organization has no right to prefer one over the other customers, except where prohibited by law.Privileged categories of consumers of certain services are war veterans, the disabled and others.
3. Public contract involves the same conditions of service (including commodity prices) for all consumers, except in cases of legal benefits for certain categories.
4. In the case of a public contract disputes according to its terms are resolved in court, regardless of agreement or disagreement of the parties.This public contract is fundamentally different from the usual civil law, disputes which are submitted to the court only by mutual consent of the parties.If
evasion organization to conclude such a contract found to be unsubstantiated, the latter can be made mandatory.The consumer in this case may demand compensation for damages incurred due to the failure to conclude the contract.
In addition, in the interests of consumers of the conditions of a public contract (standard rules, regulations and so on. D.) Can be installed by the federal legislature and government decree.
There exemplary model contracts for different types of activities, which are developed on the basis of the specific conditions of the contract.For example, the contract of consumer services, the supply of building materials, a contract for a particular type of work.In such model regulations take into account the specificity of different activities and formulate mechanisms for consumer protection against unfair execution of the service provider contract terms.
