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Concept, parties, conten, liability of the parties under the power supply contract as a kind of sale contract
1.
CONCEPT, PARTIES, CONTEN, LIABILITY OF THEPARTIES UNDER THE
POWER SUPPLY CONTRACT AS A KIND OF SALE
CONTRACT
graduate (student)
Zakharenkova Yana Yurievna
Yu/m -19-1-z
2.
Nowadays when society develop day by day it is necessary to bear out all deals withcontract.
The sales contract in recent years in the Russian Federation has gained the greatest
importance, which is directly related to the growth in the quality and quantity of entrepreneurship,
as well as economic growth. Purchase and sale is an important institution in civil law, which is
associated with its wide distribution. Thousands of purchases are made daily, but few people think
about the legal intricacies of the seller-buyer relationship. Moreover, sometimes it turns out that
each side tries to “pull” the benefit to its side. The purchase agreement guarantees that both parties
will achieve the most favorable terms of the transaction. Therefore, it is necessary once again to
understand what exactly is a sales contract, what is contained in this contract.
3.
As an example, I would like to dwell on the energy supply agreement, since the city ofSevastopol is developing very quickly, a large number of new infrastructure facilities are being
built: shopping centers, schools, multi-storey residential buildings; Moreover, the number of
visiting citizens who plan and are already building houses is increasing. The first thing that is
required to start construction is the connection of electricity to the construction site. That is why it
is necessary to analyze the energy supply agreement in more detail, since such an agreement is
widespread, and it is important to understand some nuances in order to avoid further problems
with the Guarantee supplier.
4.
5.
The purpose of the scientific work is to study the content of the energy supplyagreement as a kind of sale contract which may be incomprehensible.
There are some tasks to achieve the goal:
1) Decompound the general characteristics of the contract of sale.
2) Distinguish the concept and parties of the energy supply agreement.
3) Analyze the content of the energy supply agreement and the responsibility of the parties.
6.
Sales contract in recent years in the Russian Federation acquired the greatest value, which isdirectly related to growth quality and quantity of entrepreneurship, as well as economic growth.
According to article 454 of the Civil Code, a contract of sale is a document according to
which one party undertakes to transfer the goods into ownership to the other side for a certain sum of
money.
A sales contract is needed to confirm the transfer of rights ownership of the goods from seller to
buyer.
The Civil Code lists only seven types of purchase agreements sales, including an energy supply
agreement. In this scientific research we want to consider the contract in more detail power supply.
7.
8.
The energy supply contract is of two types:1) energy supply agreement - an agreement by which the seller delivers power, and
the buyer pays for the resource (paragraph 29 of Chapter III of the Regulation
Government of the Russian Federation No. 442 dated 05.04.2012 (as amended on
01.01.2020).
2) a contract of sale of electric energy is a contract under which one party undertakes
to supply energy through the connected network, and the other undertakes to pay for
it and ensure safety during use electrical appliances (article 539, part 2 of the Civil
Code of the Russian Federation).
Parties of energy supply agreement
1) guaranteeing supplier (energy supplying organization),
2) subscriber.
A guaranteeing supplier is a commercial organization that buys electric energy and
provides it with consumers.
9.
Under an energy supply agreement, the subject is electrical energy (power).The main responsibilities of an energy distribution company include the
following: sale and maintenance of the quality of the supplied resource, settlement with
Networked organization of power transmission relationships. It is the obligation to notify
the consumer of the alleged disconnection electricity. The obligations of the consumer
include: 1) timely payment for energy used; 2) testimony; 3) need maintain the power
supply scheme specified in the technical
Documentation issued by the Network Organization. This requirement due to the
fact that in emergency situations the network organization must understand how the
connection diagram is formed, so that Supervisory control correctly gave instructions to
eliminate the breakdown.
To terminate the energy supply contract, there are several Reasons: change of
ownership, termination of the lease. For example of clause 7 of the energy supply
agreement with LLC Sevenergosbyt we consider termination of the contract. The energy
supply agreement may be terminated by agreement of the parties, or unilaterally.
10.
To summarize, when concluding any sales contract it is important clearlyidentify its subject. The energy supply agreement is public, and such an agreement
covers legal relations arising under transmission of electricity to the consumer
through the connected network. Despite on the variety of regulatory documents
governing legal relations between the electricity supplier and the consumer, it’s
important to remember that in any case, the contract is a document to which you
can handle in contentious situations.