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
28. COMMERCIAL TRANSACTION: CONCEPT AND TYPES
Terms of commercial obligations are formalized in deals, i.e. actions of individual entrepreneurs and legal entities aimed at establishing, changing or terminating civil rights and obligations in the field of commercial activity.
Civil law allows for both oral and written form of a transaction, but in the relations of legal entities among themselves and with citizens, with the exception of transactions requiring notarization, the transaction must be made in simple written form (Article 161 of the Civil Code).
With the adoption of the Federal Law of January 10, 2002 No. 1-FZ "On Electronic Digital Signature", participants in civil transactions (including entrepreneurs) have the right to conclude transactions in the form of electronic documents.
Types of transactions
1. Permanent and fixed-term transactions. In open-ended transactions, neither the moment of its entry into force nor the moment of its termination are determined. Such a transaction takes effect immediately. Accordingly, in forward transactions, either the moment of its entry into force, or the moment of its termination, or both specified moments are determined. Among derivatives transactions, the category stands out conditional transactions, i.e. transactions in which the emergence of the rights and obligations of the parties is timed to coincide with the occurrence of an event for which it is unknown whether it will occur or not. Conditional transactions come in two varieties:
1) a transaction concluded under a suspensive condition, i.e. the parties have made the emergence of rights and obligations dependent on a circumstance for which it is unknown whether it will occur or not; for example, firm X leases premises to firm Y on the condition that it completes the repairs of this premises by a certain date, but at the same time, firm x is not sure that it will complete the repairs, and therefore enters into an agreement that will come into force if the repairs are completed by plan;
2) a transaction made under a resolutive condition, i.e. the parties have made the termination of rights and obligations dependent on a circumstance regarding which it is not known whether it will occur or not.
2. Transactions are consensual and real. All transactions in which the rights and obligations of the parties begin from the moment an agreement is reached on the transaction (for example, supply agreements, leases, credit agreements) are recognized as consensual. For a real transaction, it is typical that rights and obligations cannot arise until the item is transferred to one of the parties or money is transferred to the account of the transaction partner (for example, storage, loan agreements).
3. There is a special group of transactions that are of a fiduciary nature and are called fiduciary. For example, an order, commission, agency, or trust management can be terminated unilaterally if their fiduciary nature is lost.
4. Transactions are one-sided, for which the will of one party is sufficient (for example, a power of attorney), bilateral и multilateral, the implementation of which requires the agreement of the will of two or more persons (contracts).
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