The Civil Code stipulates the right of commercial companies at the conclusion of contracts of sale set any price, guided by market conditions and the terms of each specific transaction.
But there is this form of contracts, which in certain circumstances are considered to be public, and in this case, any party, which the buyer receives the goods or services at a fixed price.
Terms of a public contract
Typical signs of a public contract lawgiven in st.426 Civil Code. Such is the civil contract to be concluded by the seller - a commercial organization carrying out certain types of work, which it needs to provide to anyone who refer to it as a buyer. These kinds of works Code classifies retail, transportation public transport services, energy, health, tourism, hotel service.
To contract was recognized in public, it must meet a set of attributes such contracts. These are the signs:
- The composition of the subjects of the contract, only limited commercial enterprise-seller and the buyer, consumer goods, construction or services-
- Commercial firm provides services and conducts its activities in respect of any natural or legal person requesting it as pokupatelya-
- A single value of the goods, works or services for each customer.
The benefits of a public contract for the buyer
For example, the law allows the public to accept a contractnot on the formal and material on the grounds under which any contract of sale of the above can be classified as public. This is very beneficial to the buyer, which in this case receives the additional advantages that it does not have at the conclusion of an ordinary contract. In this case the buyer is a consumer, and it is subject to the law "On Protection of Consumers' Rights.
This law, however, charged to consumersOnly individuals who purchase goods or ordering services and activities for their personal needs. Can a legal person be regarded as a consumer in Art. 426 of the Civil Code does not specify, but in some by-laws relating to the conclusion of public contracts, in general there is no indication who might be the subject of such contracts. On this basis, lawyers concludes that, where it is not specifically stated in the can act as a physical or legal entity as a consumer-purchaser. For example, public contracts and domestic independent bank deposit specifically stipulate that consumers in these cases can only be natural persons.
Recognition of the subject of a public contract -buyer - the consumer gives him the right to expect a price reduction if it relates to the categories of people subject to preferences, in addition, a commercial organization, the seller can not refuse to conclude a contract. In that case, when followed by the unjustified refusal to conclude a contract, the consumer is entitled to damages and non-pecuniary damage.