THE LEGAL NATURE OF A CONSTRUCTION CONTRACT AND ITS PLACE IN THE SYSTEM OF CIVIL CONTRACTS
DOI:
https://doi.org/10.5281/zenodo.18545209Abstract
The article examines the main doctrinal and practical criteria for distinguishing a construction contract from related contractual arrangements in civil law. It The thesis examines the legal nature of the construction contract as an independent civil-law contractual arrangement characterized by specific features and a special legal regime. Its key characteristics are analyzed, including the subject matter of the obligation, the focus on achieving a tangible material result in the form of a real estate object, the allocation of risks, the procedure for acceptance of completed works, and the contractor’s liability for the quality of the result. Particular attention is paid to determining the place of the construction contract within the system of civil-law contracts and its correlation with related contractual models such as supply contracts, contracts of sale, paid service agreements, and design contracts. The author substantiates the conclusion that the construction contract occupies a special position in the system of obligations law, as it combines both property-related and organizational elements, requires compliance with technical standards, and presupposes enhanced control by the customer. The findings are aimed at ensuring the proper legal qualification of construction relations and improving legal certainty in civil turnover.
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