Commercial law. Product concept. Types of goods (lecture notes)

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Commercial law. Product concept. Types of goods (lecture notes)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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LECTURE No. 12. The concept of goods. Types of goods

1. The concept of goods

A commodity is a product of labor that satisfies a person's need through purchase and sale. This definition of goods is considered from an economic point of view. In the Civil Code of the Russian Federation, the concept of "thing" is identified with the concept of goods. GOST RF "Goods: terms and definitions" defines a product as any thing that is unlimited in circulation, freely alienable and transferable from one person to another under a contract of sale. In accordance with the UNCITRAL Model Law, a commodity is an item of any kind and description, including raw materials, products, equipment in a solid, liquid, other state, as well as electrical energy and services associated with the supply of goods, if their value does not exceed the value of the goods themselves. goods. For commercial law, goods are movable things that are in trade, have a valuation and are the subject of a contract of sale, where the parties are persons engaged in entrepreneurial activities. There are special products:

1) consumer;

2) electricity.

Consumer goods have special opportunities for exchange, repair, return.

Electricity has a number of specific properties:

1) it cannot be visually detected;

2) it cannot be accumulated and stored;

3) the process of its production is associated with transportation and consumption;

4) upon transfer to the consumer cannot be returned;

5) cannot be the subject of a vindication claim.

2. Types of goods

All products are divided into three groups:

1) identical;

2) interchangeable;

3) homogeneous.

Goods are recognized as identical if they have the same characteristics that characterize them: physical characteristics, quality of goods, reputation in the market, country of origin, producers. Some slight differences in product specifications may not be considered.

Homogeneous goods, not being identical, have similar characteristics and consist of similar components, which allows them to perform the same functions: quality, reputation in the market, country of origin, presence of a trademark.

Interchangeable goods are similar to homogeneous ones, can be compared in their functional value, application, technical characteristics and price with other goods in such a way that the buyer replaces them or is ready to replace them in the course of consumption.

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