Publication date: 10.06.2024
Graduated lawyer with experience of more than 7 years with experience in the field of public procurement, civil, administrative law and document drafting, expert in communication and dispute resolution, author of a legal blog and social media.
What is a contratc ? How to make a contract?
The general definition of a civil contract can be found in Article 626 of the Civil Code of Ukraine. It is a contract between 2 or more parties aimed at establishing, changing or terminating civil rights and obligations.
According to Article 177 of the Civil Code of Ukraine, services are an independent object of civil rights, but neither the Civil Code of Ukraine nor the Civil Code of Ukraine define this concept. In the legal literature, there are different views on the concept and classification of services, but a single definition of the term "service" that would reveal its essence and distinguish it from other legal phenomena has not yet been formed.
Contract for the provision of services: the 1st party undertakes to provide a service at the request of the 2nd party, which is consumed in the process of its execution or implementation of a certain activity, and the customer receives the obligation to pay the executor for this service, unless otherwise stipulated by the contract.
Contracts, in particular contracts for the provision of services, can be classified according to various criteria, which are chosen depending on the purpose. The division of contracts into separate types has both theoretical and practical significance. This allows the participants of the legal relationship to easily identify and use the most essential properties of contracts, choosing the one that best suits their needs.
According to Article 902 of the Civil Code of Ukraine, the performer must provide the service personally. In the cases established by the contract, he can delegate the performance of services to another person, remaining responsible to the customer for breach of contract.
According to Article 638 of the Civil Code of Ukraine, contracts for the provision of services are considered concluded from the moment when the parties have met all essential conditions. Each party to the contract receives rights and obligations in relation to the other party.
Compilation of the document.
The essential conditions of the contract for the provision of services are: the subject matter, the conditions (essential), and all the conditions for which, at the request of one of the parties, an agreement must be reached. At the same time, the parties are free to conclude the contract, choose the other party and determine the terms of the contract, taking into account the legislation.
According to Article 903 of the Civil Code of Ukraine, remuneration for the work performed is paid to the executor in the amount, at the time and in the order established by the contract. In case of impossibility of performance of the contract due to the customer's fault, he must and is obliged to pay the executor's fee in full, unless otherwise stipulated in the contract.
When concluding a contract for the provision of services, it is necessary to adhere to the written form. The contractor must provide the customer with a document confirming the basis of payment and the amount of funds received. Some services can only be provided by business entities with the necessary licenses, such as medical or travel services.
The contract for the provision of services must include the following conditions: 1) the subject of the contract is a description of the service; 2) fee (amount, terms, payment procedure); 3) the term of the contract, including interim terms; 4) execution of the contract personally by the executor or the possibility of delegation; 5) responsibility of the parties; 6) conditions for early termination of the contract; 7) procedure for accepting services.
Acceptance of services is usually formalized by an act signed by all parties to the contract. If one of the parties refuses to sign, this is noted in the act, which is signed by the other party. At the same time, the act signed by one party can be declared invalid by the court only if the reasons for the refusal of the other party are significant and justified. In the absence of an act, the customer may refuse to pay for services, and in this case the court may side with the customer. Therefore, it is important not only to conclude a contract, but also to properly draw up primary accounting documents.
If you have difficulties with drafting a contract, writing a contract or do not know how drafting a document at all, we are always happy to help. We will help you draw up a document: NDA, deal contract development, contract development. Businesses of various ranks actively cooperate with us. Therefore, drawing up a contract is one of our activities.
