Inshakova A.O., Kagalnitskova N.V. Theoretical and Applied Approaches to Qualification of Civil Relations on Rendering Services
DOI: https://doi.org/10.15688/lc.jvolsu.2019.2.14
Agnessa O. Inshakova, Doctor of Sciences (Jurisprudence), Professor, Head of the Department of Civil and Private International Law, Volgograd State University, Base Department of the Scientific and Educational Center of the Russian Academy of Sciences, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-8255-8160
Natalya V. Kagalnitskova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Civil and Legal Disciplines, Volgograd Institute of Management – Branch of the Russian Presidential Academy of National Economy and Public Administration, Gagarina St., 8, 400131 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-2683-9424
Introduction: the article is devoted to studying separate issues of classification of civil legal relations, as relations on rendering services. For this purpose, the authors consider the features of the concept of “service”, distinguished by the civil doctrine and used by the judicial practice. Using the methods of scientific knowledge, first of all, the method of system and comparative analysis, the authors identify the constitutive features of the concept of “service” by comparing the legal regime of the latter with the legal regime of “work”. Results: it is established that the basis for the differentiation of relations on rendering services and performing works should be based on a set of features, but not the only one (the presence of a materialized result that can be delivered to the customer), as it is currently the case in law enforcement. Conclusions: the authors conclude that the contractual relations arising as a result of repair works should be qualified as a contractual relationship; the legal definition of the contract of paid services is unacceptable to all types of services, so the legal model of the contract of paid services should assume the existence of such obligations, where the professional service provider undertakes to achieve a specific intangible result, and the achievement of this result should be included in the subject of the legal relationship.
Key words: civil legal relationship, object of civil rights, “service”, “work”, “guarantee of result”, instant consumability of service, paid services agreement, contract of work and labor.
Citation. Inshakova A.O., Kagalnitskova N.V. Theoretical and Applied Approaches to Qualification of Civil Relations on Rendering Services. Legal Concept, 2019, vol. 18, no. 2, pp. 90-93. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.2.14
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