EXECUTION OF A CONTRACT FOR EXPLORATION WORK AS AN IMPORTANT STAGE OF COMPLIANCE WITH CONTRACTUAL DISCIPLINE IN CIVIL SOCIETY

Abstract

The article is devoted to the analysis of the mode of execution of the contract for exploration works as the final stage of the contractual relationship, which is reflected in obtaining a materialized result and receipt of funds by the contractor as a reward for the transmitted result of exploration works. It is emphasized that compliance with the mode of execution will contribute to the leveling of disputes between the customer and the contractor and the establishment of appropriate executive discipline by members of civil society. In the context of fulfilling the obligations under the contract for exploration work, it is established that they must be performed personally by the contractors. This condition especially applies to the contractor who has the necessary knowledge, skills, equipment, in some cases – a permit (license) to conduct exploration work. In cases where the ability to conduct exploration work directly depends on the contractor obtaining a permit (license), the fulfillment of obligations is additionally guaranteed by the requirements of compliance with its terms. The personal conduct of search work by the contractor and the personal acceptance of the result of such work by the customer are recognized as a general rule of performance of the obligation (Article 527 of the Civil Code). Exceptions to the general rule regarding the personal conduct of search work by the contractor and the personal acceptance of their results by the customer occur in the case of reassignment and redirection of performance. It is established that the occurrence of certain circumstances that do not depend on the will of the contractor and create a temporary impossibility of performance, suspends their performance only for the duration of unforeseen circumstances or eliminate their consequences, so only the customer's refusal to contract should be considered as grounds for termination search operations, in all other cases – the contractor is obliged to perform them in full.