The problem of the concept of service and the criteria for its separation from work in the context of the current civil legislation
Автор: Ilovaisky I.B., Davtyan-davydova D.N.
Журнал: Международный журнал гуманитарных и естественных наук @intjournal
Рубрика: Юридические науки
Статья в выпуске: 4-2 (79), 2023 года.
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The article is devoted to the study of problems related to the lack of legal definitions of terms such as "service" and "work" for the purposes of civil law regulation, as well as the external similarity of obligations arising from contracts for the provision of paid services and contract contracts. The current legislation, although it separates the concepts of services and works, however, does not provide any criteria for their differentiation. There is a problem when it is extremely difficult to separate the service provided from the work performed, and this, as a consequence, affects the choice of a civil contract that will mediate the movement of the service or work. The article presents ways to solve the current situation, discusses and justifies specific criteria for distinguishing such contracts. The allocation of such criteria will help the law enforcement officer and the prospective counterparties of the relevant transactions, in the future, to distinguish between these two contractual constructions.
Service, work, contract, contract for paid services, builder, contractor, customer
Короткий адрес: https://sciup.org/170199171
IDR: 170199171 | DOI: 10.24412/2500-1000-2023-4-2-87-92