LEGISLATION OF FOREIGN COUNTRIES ON THE LEGAL NATURE OF THE CONSTRUCTION CONTRACT

Abstract

This article analyzes the legal nature of the construction contract agreement, the procedure and essential conditions for its conclusion, the procedure for the development of the construction contract agreement and the specifics of legal regulation, the rights and obligations of the parties (customer and contractor), the issue of determining their liability, and the legislation of foreign countries related to the construction contract agreement. In particular, the article analyzes the following legal sources that include provisions related to construction contracts: the French Civil Code of 1804, the Swiss Code of Obligations, the Austrian Civil Code, the German Civil Code, the UK Unfair Contract Terms Act of 1977, the Construction and Reconstruction Act of 1996, the Georgian Civil Code, the Bulgarian Law on Obligations and Contracts of 1951, the Czech Civil Code, as well as common provisions in customs and international construction contracts. These sources are interpreted as the primary reference for regulating construction contracts in private international law, known as lex constructionis. In addition, based on the theoretical and legal foundations and the legislation of foreign countries, scientific conclusions, proposals, and recommendations have been developed aimed at improving the effectiveness of resolving disputes arising from a construction contract.