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
29. CONTRACT IN COMMERCIAL ACTIVITIES
According to paragraph 1 of Art. 420 GK agreement is an agreement between two or more persons to establish, change or terminate civil rights and obligations. However, not every agreement is a contract. A contract recognizes only an agreement arising from the intention of the participants to give rise to certain civil law consequences. Therefore, we can conclude that every contract can be recognized as an agreement, but not every agreement can be recognized as a contract.
The term "contract" is used in civil (including commercial) law in various meanings:
a) the most common type of transactions;
b) the legal fact underlying the obligation;
at) the contractual obligation itself;
d) a document in which the fact of establishing an obligation legal relationship is fixed.
Therefore, for practical purposes, it is important to determine in which of the given meanings the term "contract" is used in one or another norm of the Civil Code.
The contract is subject to the rules common to all transactions. The general provisions on obligations apply to obligations arising from the contract, unless otherwise provided by the general rules on contracts and the rules on certain types of contracts (clauses 2, 3 of article 420 of the Civil Code).
In civil law, certain principles, on which the parties should be based when concluding an agreement.
▪ The principle of freedom of contract (enshrined as a general principle in Article 1 of the Civil Code and as a special principle in Article 421 of the Civil Code). It is “freedom of contract” that is a fundamental condition for concluding a contract.
▪ The principle of taking into account the economically justified interests of the parties.
▪ The principle of good faith.
▪ The principle of taking into account and respecting agreements reached.
▪ The principle of taking into account unfavorable circumstances.
▪ The principle of fairness of contract.
▪ The principle of inevitability of responsibility.
▪ The principle of choosing an adequate method of legal protection.
▪ The principle of stability of legislation.
Contract - this is a form of mutual consideration of the various interests of the parties and third parties, therefore the contract is able to provide such organization, planning and stability in economic turnover, which cannot be achieved using administrative and legal means. The contract is a flexible means of communication between production and consumption, studying needs and immediately responding to them from production. The agreement ensures an effective exchange of produced and distributed material goods in the event of a change in the needs of participants in the economic turnover.
On the other hand, the contract can be used contrary to law and principles, for example, as a means of restricting competition, if the main market participants agree on joint actions in the market.
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