Table of contents (expand)
- Subject, method and principles of commercial law
- Trade Law
- Non-legislative sources
- State control over compliance with the rules of commercial activity
- Protection against illegal actions of regulatory authorities
- Individual entrepreneur
- Responsibility of an individual entrepreneur. Termination of its activity
- Commercial organizations
- Separate and non-separate divisions
- Objects of civil rights of an entrepreneur
- Money (currency) and securities
- Real estate. Works and services. Accounts receivable. debts
- Product concept
- Means of individualization of a commercial organization
- Means of individualization of products, goods, works or services
- The concept of a commodity market
- Structure and infrastructure of the commodity market
- Markets of perfect and imperfect competition. Protection of competition
- The concept of competition under Russian law
- Abuse of an economic entity by its dominant position
- Commodity exchange
- Features of exchange trading
- Auction house. auction trading
- Organization of auction trade. Auction technique
- wholesale fair
- Commercial commitment
- Classification of commercial obligations
- Commercial transaction: concept and types
- Contract in commercial activity
- Content of the contract
- Form of contract
- Interpretation of the contract. Registration of the contract
- Ways to conclude a contract
- Change and termination of the contract. Change of persons in obligation
- Types of civil law contracts used in commercial activities
- The concept and types of commercial contracts
- The concept of the sale of goods, works or services. Implementation agreement
- Barter agreement
- Trade credit agreement
- Legal regulation of contractual relations. Preamble to the treaty
- Identification of the legal status of the counterparty in the transaction
- subject of a contract
- Product quality
- Packaging and labeling
- Assortment, completeness and set of goods. Delivery time
- The main obligations of the parties. Time of transfer of ownership
- The difference between a supply contract and a retail sale contract
- Price basis
- Principles for determining the price of goods, works or services for tax purposes
- Form of non-cash payments. Settlements by payment orders
- Settlements by letter of credit, by collection, by checks
- Information constituting a trade secret
- Responsibility and procedure for settling disputes of entrepreneurs
- Ways to ensure the fulfillment of contractual obligations
- Penalty
- Pledge and retention
- Surety agreement. Deposit
- Bank guarantee
- Operational measures. Options for the supplier in case of violation of obligations by the payer
- Options for the payer in case of violation of obligations by the supplier
- Termination of obligations under the contract
- Commercial representation
- Commercial mediation. Labor representation
- Contract of agency
- Commission agreement
- Agency contract
- Transportation of goods. Contract for the carriage of goods
- Agreement on the organization of cargo transportation. Chartering agreement (charter). Freight Forwarding Agreement
- The concept and types of warehouse services
- Warehousing agreement
- Warehouse receipts
- The concept and general characteristics of franchising. Commercial concession agreement
- Varieties of franchising
- Benefits of franchising as a type of business activity for its participants
- The concept of marketing activities
- Concept, principles, types and goals of marketing research. Sources of information
26. COMMERCIAL OBLIGATION
According to Art. 307 of the Civil Code in force obligations one person (debtor) is obliged to perform a certain action in favor of another person (creditor), such as: transfer property, perform work, pay money, etc., or refrain from a certain action, and the creditor has the right to require the debtor to fulfill his obligations . Thus, the essence of legal obligations is to oblige specific persons to certain behavior, providing for a property goal.
Commercial commitment arises from the agreement of participants in commercial activities, which should take into account a certain variety of obligations and features of their implementation. The terms of business contracts are, in fact, aimed at the legal regulation of the fulfillment of obligations. The wording of these conditions forms the legal structure of the contract.
Proper performance is enshrined in the Civil Code as the only principle for the performance of obligations. Its essence boils down to the following: an obligation must be fulfilled in accordance with its terms and requirements of the law, other legal acts, and in the absence of such conditions and requirements, in accordance with business practices or other usually imposed requirements (Article 309 of the Civil Code).
Proper execution possible with the obligatory observance of the following five elements:
▪ proper subject;
▪ appropriate subject;
▪ proper method of execution;
▪ proper place of performance;
▪ proper deadline.
Due performance means that the obligation is terminated.
Default occurs when, at the time of expiration of the obligation to fulfill the obligation, one of the following two conditions is found out:
a) the debtor did not perform those actions that are provided for by the agreement, and the parties actually remain in the position that existed before the conclusion of the agreement; in other words, the action constituting the subject of the contract has not been committed;
b) the actions of the debtor resulted in significant damage to the creditor.
Improper execution are those cases when the performance is provided, but it does not meet the requirements (conditions) fixed in the contract (i.e. non-fulfillment of certain terms of the contract).
Since non-performance or improper performance does not terminate the obligation, then, in addition to incurring property liability (for example, indemnification), the main obligation of the debtor is to properly fulfill his obligation. But if the parties foresee that the probability of non-performance is high, then for such a situation they can provide in the contract for the use of the right to secure performance (for example, a pledge) or the use of some method of terminating the obligation (for example, compensation).
<< Back: wholesale fair
>> Forward: Classification of commercial obligations
We recommend interesting articles Section Lecture notes, cheat sheets:
▪ Medical statistics. Crib
▪ Banking law. Lecture notes
▪ Surgical diseases. Crib
See other articles Section Lecture notes, cheat sheets.
Read and write useful comments on this article.
<< Back
Latest news of science and technology, new electronics:
The existence of an entropy rule for quantum entanglement has been proven
09.05.2024
Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>
Mini air conditioner Sony Reon Pocket 5
09.05.2024
Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>
Energy from space for Starship
08.05.2024
Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>
| Random news from the Archive Smart ring from Samsung
30.12.2015
Application #20150370226, filed last June, appeared in the US Patent Office (USPTO) database. It describes a smart ring - an appropriately shaped electronic device designed to control another electronic device, such as a smartphone, tablet or smart TV. In addition, the smart ring can be used as part of a home automation system.
The possibilities of the ring are ensured by the fact that sensors are built into it, allowing you to judge its position. As conceived by the inventors, control using the ring looks like this: the ring leans against the screen of the device and begins to play the role of a control wheel, allowing you to select items on the on-screen menu.
Menu items are customizable. In particular, other devices that the ring can control can be added to them.
|
Other interesting news:
▪ Case Gigabyte Aorus C500 Glass
▪ Coyotes will be fed chocolate
▪ Bottle furniture
▪ Mean Well PSC-160 Security Power Supplies
▪ Created a new form of light
News feed of science and technology, new electronics
Interesting materials of the Free Technical Library:
▪ site section Computer devices. Article selection
▪ article Mud Raiders. Popular expression
▪ article When did the first acrobats appear? Detailed answer
▪ Article Foxglove ciliated. Legends, cultivation, methods of application
▪ article Old but golden. The tube amp renaissance. Encyclopedia of radio electronics and electrical engineering
▪ article Formulas for calculating transformers. Encyclopedia of radio electronics and electrical engineering
Leave your comment on this article:
All languages of this page
Home page | Library | Articles | Website map | Site Reviews
www.diagram.com.ua
2000-2024
Arabic
Bengali
Chinese
English
French
German
Hebrew
Hindi
Italian
Japanese
Korean
Malay
Polish
Portuguese
Spanish
Turkish
Ukrainian
Vietnamese