Abstract
The article provides a commentary to Article 706 of the Civil Code “General Contractor and Subcontractor”. The author uses the doctrine of back-to-back contracts to examine the peculiarities of the structure of contractual relations in the area of a subcontract, as well as the peculiarities of risk distribution when parties to a contractor relationship refuse from back-to-back clause. The author also investigates the peculiarities of direct claiming from an employer to a subcontractor under the doctrine of culpa in eligendo. The author concludes that if a non-contractual relationship arises, the client has the right to bring a direct claim against the subcontractor.
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