IMEI Abstract. Service agreements

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Description

Introduction

A notable place in the relations of obligations, which are an integral part of the subject of civil regulation, are services. Their role significantly increases in the current market economy, the development of commercial activities.
The sphere of services, as practice shows, is one of the most promising, fast-growing sectors of the economy. It covers a wide field of activity - from trade and transport to finance, insurance and intermediation. Hotels and restaurants, laundries and hairdressers, educational, sports institutions, travel companies, etc., belong to the service sector. Practically all organizations in one form or another provide services. As production becomes more complex and the market saturated, the demand for services is growing. The sphere of services outstrips the production sphere in terms of growth rates and the emergence of new types of services, its adaptation and the needs of the market and consumers.
The problem of regulating the contract for paid provision of services is currently very relevant and should occupy a special place in the domestic civil law.
In the legal literature, not without reason, in its time was expressed a negative attitude to the sharp opposition in the civil law of the concepts "service" and "work." A service is an action that provides assistance, benefits another, and work by doing something, using one´s labor. Each service becomes the object of a civil obligation when it is expressed in any work, and the work when it takes the form of rendering a service.
Proceeding from the urgency of the problem of the contract of paid provision of services at the present stage, the purpose of the course work is to study the essence of the contract for provision of services in general, and the specifics of this contract in particular. To achieve this goal, the following tasks were formulated: a) to investigate the specific features of paid provision of services from the point of view of civil law; legal regulation and legal nature of the specified contract of paid provision of services; b) consider the main types of contract for paid provision of services.
As an object of research in the course work services.
The subject of the study is the civil-law characteristic of the contract for provision of paid services.
1. Peculiarities of the contract for paid provision of services under civil law

1.1 Services and their legal regulation

The term "services" in view of their prevalence and great practical importance is used in the Civil Code and other acts of civil legislation many times: the services are named in Art. 128 Civil Code of the Russian Federation among the main objects of civil law, the provision of services referred to in many other articles of the Civil Code relating to its various institutions, primarily contractual obligations. In the Civil Code, for the first time in domestic civil law, general rules are given on the contract for paid provision of services, contained in Ch. 39 Civil Code of the Russian Federation (articles 779-783). The norms of this chapter determine the scope of application of this treaty and its main legal features.

Additional information

In the broad sense, the provision of services can be understood as a variety of activities that create a useful useful property or other result necessary for society and is the subject of various treaties. However, in this case, the legal regulation will not reflect the specific features of individual civil law contracts on the basis of which services are rendered. The current legislation and, above all, the Civil Code of the Russian Federation limits the scope of contracts for paid provision of services in two respects:
• First, in paragraph 1 of Art. 779 of the Civil Code of the RF the subject of the contract of paid provision of services is characterized as the commission of certain actions or the implementation of certain activities. Thus, the provision of services does not lead to the emergence of property rights, as in the sale or donation, does not create a new material object, as is the case in contractual agreements, and does not give rise to a temporary right of use, as in a lease agreement. At the same time, the main spheres of rendering services are outlined in the Civil Code of the Russian Federation: communication, medical, audit, consulting, information, training, tourism and others. Variety of services does not allow to give their closed list, their circle is constantly expanding;
• Secondly, in paragraph 2 of Art. 779 of the Civil Code of the Russian Federation, by reference to the chapters of the Code, lists contracts that contain certain elements of the provision of services, but have a different legal nature and are subject to the provisions of Ch. 39 of the Civil Code do not fall. These are contracts of contract, transportation, transport expedition, bank deposit and account, settlements, storage, agreements on representation and trust management of property. In this list, there are no loan, lending and insurance contracts, which, in view of their specifics, also go beyond the scope of the contract on paid provision of services.
In view of the variety of paid services rendered, their regulation, given in the norms of Ch. 39 of the Civil Code of the Russian Federation, is a short and general (4 articles in all) and contains a normative prescription according to which the general provisions on the contract of work and the provisions on the domestic contract of the Civil Code of the Russian Federation are applied to the contract for provision of services, if this does not contradict the specifics of the subject of the contract of services. Due to the proximity of contract and service relations, this rule allows to eliminate gaps in the legal regulation of services rendered in practice.
Based on the norms of the Civil Code of the Russian Federation, a system of laws and decrees of the Government of the Russian Federation on certain types of services reflecting the specifics of their provision has been put in place.
Customers and performers of compensated services are citizens as well as legal entities of all categories. However, some services are provided only to citizens (medical, educational, tourist). In this case, the parties´ relations acquire a consumer character and are subject to the provisions of the Law "On Protection of Consumer Rights", which significantly enhances the legal protection of the interests of citizens.

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