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The legal features of electricity supply contracts include:
1. It is a two-way paid contract;
2. Be controlled by the plan;
3. Most of them are standard contracts.
The power supply contract is a contract in which the power supplier supplies electricity to the electricity user, and the electricity user pays the electricity fee. Generally, a contract for the supply of electricity is made with an application for electricity by the electricity user as an offer, and the power supplyer approves the application for electricity as a commitment.
In addition to the general characteristics of a sales contract, a contract for the supply and use of electricity mainly has the following characteristics:
1) The subject matter of the contract is a special item.
The subject matter of the contract for the supply of electricity, water, gas and heat is electricity, water, gas and heat. This kind of commodity is not only a necessity in production and life, but also monopolized by the relevant units, therefore, in order to ensure the needs of people's production and life, the law cannot but impose special regulations on them.
2) It is a standard contract.
This kind of contract generally adopts a stereotyped contract, and the terms of the contract are drawn up by the supplier, and the user can only decide whether to agree to enter into the contract, but generally cannot decide the relevant content of the contract. Although the user can put forward its own requirements in terms of the amount and time of the subject matter, the final decision is entirely up to the supplier. Therefore, this type of contract is a standard contract.
3) The performance of the contract is continuous.
Due to the continuity of the use of electricity, water, gas and heat, the performance of the contract is continuous. During the period specified in the contract, under normal circumstances, the supplier shall continuously supply electricity, water, gas and heat, and the user shall pay the corresponding price on time.
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A contract for the supply of electricity refers to an agreement signed with the customer before the meter is installed.
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Legal analysis: The power supply contract is a contract in which the power supplier supplies electricity to the electricity user, and the electricity user pays the electricity fee.
Legal basis: Civil Code of the People's Republic of China
Article 648 A contract for the supply of electricity is a contract in which the power supplier supplies electricity to the electricity consumer and the electricity user pays the electricity bill.
A power supplier that supplies electricity to the public shall not refuse the reasonable request of the electricity user to conclude a contract。 Hidden beams.
Article 649 The contents of a contract for the supply and use of electricity generally include the method, quality, time, capacity, address, nature, and measurement method of supplying electricity, the method of settling electricity prices and charges, and the responsibility for the maintenance of power supply facilities.
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Categories: Education, Science, >> Vocational Education.
Analysis: The power supply contract is an agreement between the power supplier and the electricity consumer, which is used by the power supplier and the electricity user. The subject matter of the contract is a special commodity, "electricity", which belongs to a kind of "thing" in civil law because it has objective materiality and can be used by people.
The power supplier gives all his electricity ** to the electricity user, and the electricity user pays a certain amount of price, and the two parties are actually a business relationship.
The power supply contract has the following characteristics:
1 The parties to the contract are the supplier and the consumer. A power supply person refers to a power supply enterprise or an unincorporated entity that has obtained power supply business qualifications in accordance with the law. Electricity users include natural persons, legal persons and other organizations.
2 The subject matter of the contract is an intangible substance, electricity, which, although objectively present, is invisible, and can only be manifested in the course of continuous use.
3 The contract for the supply of electricity is a contract for continuous supply. Under the condition that the power generation and power supply system are normal, the power supply shall be continuously supplied to the power consumers without interruption.
4. The contract for the supply and consumption of electricity is not generally concluded in accordance with the standard clauses. The power supply enterprise drafts standard clauses in advance for the purpose of concluding contracts with unspecified multiple electricity consumers, and the parties enter into contracts in accordance with the standard clauses. Electricity consumers who have special requirements for the mode of power supply and consumption may use non-standard terms to conclude a contract.
5. The principle of uniform pricing shall be implemented for the ** of electricity.
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The power supply contract is a contract in which the power supplier supplies electricity to the electricity user, and the electricity user pays the electricity fee, and the two parties are actually a sales relationship. The subject matter of the contract is a special commodity, "electricity", which belongs to a kind of "thing" in civil law because it has objective materiality and can be used by people.
Electricity supply contracts have the following legal characteristics:
1. The subject of the contract is the power supplier and the electricity consumer;
2 The subject matter of the contract is an incorporeal thing - electricity;
3 The contract for the supply of electricity is a contract for continuous supply.
4. Electricity supply contracts are generally concluded in accordance with standard terms;
5. The principle of uniform pricing shall be implemented for the ** of electricity.
1. The content of the electricity supply contract.
1 Power supply mode.
The way in which the power supply provides power to the power consumer, including the power supply mode of the main power supply, the standby power supply, the security power supply, and the entrusted transfer of power supply.
2 Power supply quality.
Power supply frequency, voltage and power supply reliability.
3 Power supply time.
The start and end times when the electricity user has the right to use the electricity.
4 Electricity consumption.
The total capacity of the electricity user's power receiving equipment as determined by the power supplier.
5 Electricity address.
The address where the electricity is being used by the consumer.
6 Nature of electricity consumption.
Classification of the industry and electricity consumption of electricity users.
7 Measurement method.
How the power supply person calculates.
8 Settlement method of electricity price and electricity charge.
2. The validity of the contract for the supply and use of electricity.
1) Obligations of the power supplyer.
1. Timely, safe and qualified power supply;
The power supplier shall supply power safely in accordance with the power supply quality standards and agreements stipulated by the state。 If the power supplier fails to supply power safely in accordance with the power supply quality standards and agreements stipulated by the state, causing losses to the power consumer, it shall be liable for compensation。
2. Notice of power outage due to limited inspection of megaelectricity, maintenance, etc.;
When the power supply needs to be interrupted due to planned maintenance, temporary maintenance, power rationing in accordance with the law, or illegal use of electricity by the power consumer, etc., the power supplier shall notify the electricity user in advance in accordance with the relevant provisions of the state; If the electricity user is interrupted without prior notice and the loss is caused, the electricity user shall be liable for compensation.
3. Emergency repair of power failure in the accident.
If the power is cut off due to natural disasters or other reasons, the power supply provider shall promptly repair it in accordance with the relevant provisions of the state; If the emergency repair is not made in time, causing losses to the electricity user, it shall bear the liability for compensation.
2) Obligations of electricity consumers.
1 Pay the electricity bill;
The electricity user shall pay the electricity fee in a timely manner in accordance with the relevant provisions of the State and the agreement of the parties。 If the electricity user fails to pay the electricity fee within the time limit, it shall pay liquidated damages in accordance with the agreement。 If the electricity user still fails to pay the electricity charges and liquidated damages within a reasonable period of time after being reminded, the power supplier may suspend the power supply in accordance with the procedures prescribed by the state.
2. Maintain the safety of unleased electricity facilities;
3. Tolerance for proper maintenance, power outages, and power rationing for power suppliers;
4. Electricity consumption according to the agreement.
Electricity consumers shall use electricity safely, economically, and in a planned manner in accordance with the relevant provisions of the State and the agreements of the parties。 If the electricity user fails to use electricity in accordance with the relevant provisions of the state and the agreement of the parties, causing losses to the power supplier, it shall be liable for compensation.
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