Commercial law. Trade Facilitation Treaties (lecture notes)

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Commercial law. Trade Facilitation Treaties (lecture notes)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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LECTURE #53 Trade Facilitating Treaties

Trade facilitation agreements are:

1) to create advertising products;

2) for the provision of advertising and information services;

3) to perform marketing research;

4) for the storage of goods;

5) dealer;

6) distribution, etc.

Under a contract for the provision of paid services (provision of communication services, auditing, consulting, information services, and others), the contractor undertakes to provide services (perform certain actions or carry out certain activities) on the instructions of the customer, and the customer undertakes to pay for these services. Unless otherwise provided by the contract for the provision of services for compensation, the contractor is obliged to provide services personally. The customer undertakes to pay for the services rendered to him in the terms and in the manner specified in the contract for the provision of services for compensation. In case of impossibility of performance due to the fault of the customer, the services are subject to payment in full. In the event that the impossibility of performance arose due to circumstances for which none of the parties is responsible, the customer shall reimburse the contractor for the expenses actually incurred by him, unless otherwise provided by law or the contract for the provision of services for compensation. The customer has the right to refuse to execute the contract for the provision of services for compensation, subject to payment to the contractor of the expenses actually incurred by him. The contractor has the right to refuse to fulfill obligations under the contract for the provision of services for compensation only if the customer is fully reimbursed for losses.

Under a storage agreement, one party (custodian) undertakes to store the thing transferred to it by the other party (bailor) and return this thing intact. Under a warehousing agreement, a commodity warehouse (custodian) undertakes, for a fee, to store the goods transferred to it by the goods owner (bailer) and to return the goods intact. The written form of the warehouse storage agreement is considered to be complied with if its conclusion and acceptance of goods into the warehouse are certified by a warehouse document. A warehouse storage agreement concluded by a public warehouse is recognized as a public agreement.

When goods are accepted for storage, a goods warehouse shall at its own expense inspect the goods and determine their quantity and external condition. The warehouse is obliged to provide the goods owner during storage with the opportunity to inspect the goods or their samples, if the storage is carried out with depersonalization, take samples and take measures necessary to ensure the safety of the goods.

When it is necessary to change the conditions of their storage in order to ensure the safety of goods, the warehouse has the right to take the required measures independently. However, he is obliged to notify the goods owner of the measures taken if it was necessary to significantly change the conditions for the storage of goods. If damage to the goods is found during storage that goes beyond the limits agreed in the warehouse storage agreement or the usual norms of natural deterioration, the goods warehouse is obliged to immediately draw up an act about this and notify the goods owner on the same day.

The owner of the goods and the goods warehouse shall each have the right to demand, upon the return of the goods, that they be inspected and that their quantity be checked. If, upon returning the goods by the warehouse to the goods owner, the goods were not jointly examined or checked by them, a statement about the shortage or damage to the goods due to its improper storage must be made to the warehouse in writing upon receipt of the goods, and in relation to the shortage or damage that could not be detected by the usual method of acceptance goods within 3 days of receipt. In the absence of such a declaration, it is considered that the goods have been returned by the warehouse in accordance with the terms of the warehouse storage agreement.

The goods warehouse shall issue one of the following goods documents in confirmation of acceptance of the goods for storage:

1) double warehouse certificate;

2) a simple warehouse certificate;

3) warehouse receipt.

A double warehouse certificate consists of two parts - a warehouse certificate and a pledge certificate (warrant), which can be separated from one another. The holder of the warehouse and pledge certificates has the right to dispose of the goods stored in the warehouse in full. The holder of a warehouse receipt separated from the pledge certificate has the right to dispose of the goods, but cannot take them from the warehouse until the loan issued under the pledge certificate is repaid. The holder of the pledge certificate, other than the holder of the warehouse receipt, has the right to pledge the goods in the amount of the loan issued under the pledge certificate and interest on it. When goods are pledged, this is noted on the warehouse certificate.

A warehouse certificate and a pledge certificate may be transferred together or separately according to endorsements.

The goods warehouse releases the goods to the holder of the warehouse and pledge certificates only in exchange for both of these certificates together. To the holder of a warehouse receipt who does not have a pledge certificate, but has paid the amount of the debt on it, the warehouse shall issue the goods only in exchange for a warehouse certificate and provided that along with it a receipt for payment of the entire amount of the debt under the pledge certificate is provided. The holder of warehouse and pledge certificates has the right to demand the issuance of goods in parts. At the same time, in exchange for the original certificates, he is issued new certificates for the goods remaining in the warehouse.

A simple warehouse certificate is issued to the bearer.

If it follows from the law or the contract that the goods warehouse may dispose of the goods deposited with it, the rules on the loan shall apply to the relations of the parties, however, the time and place of the return of the goods shall be determined by the rules for the storage of goods.

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