The Civil Code stipulates the right of commercial organizations to establish any price when concluding sales contracts, guided by the market conditions and the terms of each particular transaction.
But there is such a form of contracts that, if there are certain conditions, are considered public, in which case any party that is a buyer receives a product or service at a fixed price.
Terms of the public contract
Typical legal features of a public contractAre given in item 426 of the Civil Code of the Russian Federation. This is a civil contract concluded by the seller - a commercial organization that performs certain types of work, which it must provide to anyone who seeks to address it as a buyer. The code refers to such kinds of works as retail trade, transportation by public transport, communication services, energy supply, medical, tourist, hotel services.
For a contract to be recognized publicly, it must satisfy the totality of the signs of such contracts. These features are:
- the composition of the subjects of the contract, limited only by the commercial enterprise-seller and consumer-consumer of goods, works or services-
- a commercial enterprise provides its services and carries out its activities with respect to any individual or legal entity that has applied to it as a buyer-
- a single cost of goods, works or services for each buyer.
Benefit of a public contract for a buyer
So, the law allows to recognize the contract as publicNot by formal, but by the above-mentioned material signs, in the presence of which any contract of sale can be classified as public. This is very beneficial for the buyer, who in this case receives additional benefits, which he does not have when concluding a conventional contract. In this case, the buyer is a consumer and is subject to the law "On Protection of Consumer Rights".
In this law, however, consumers areOnly individuals who purchase goods or order work and services for their personal needs. Can a legal entity be considered a consumer, in art. 426 of the Civil Code of the Russian Federation is not stipulated, but in some sublegislative normative acts concerning the conclusion of public contracts, there are no instructions at all who can be the subject of such contracts. Based on this, jurists conclude that, where it is not specifically stipulated, both a physical and a legal person can act as a consumer buyer. For example, public contracts of household contract and bank deposit specifically stipulate that consumers in these cases can only be individuals.
Recognition of a subject of a public contract -Of the buyer - the consumer gives him the right to expect a price reduction if he belongs to privileged categories of citizens, in addition, the commercial organization can not refuse to contract him. In the event that unreasonable refusal to conclude a contract follows, the consumer has the right to compensation for losses and moral damage.