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Liability for the improper performance of work contracts in the new russian civil code

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Chapter Summary

The work contract covers a wide and diverse variety of economic activities and obligations ranging from the repair of teeth to cars, from chimney sweeping to toxic-waste removal, from software design to the design and construction of houses. It thus represents the legal form for regulating important sectors and relations within market economies that will increase steadily with the growth of post-industrialism. The general part of the law of obligations is fully applicable unless otherwise explicitly replaced by specific norms. The author concentrates on one point because it has broad and dangerous implications and may destroy the balance of interests of contracting parties that have developed under long traditions of codification. In most civil codes, the contractor has to guarantee proper performance and the appropriateness of the works and goods. The guarantee of proper performance of contractual obligationsa cornerstone of the law of onerous contracts has gone.

Keywords: post-industrialism; Russian civil code; work contract



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