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
36. CONCEPT AND TYPES OF COMMERCIAL CONTRACTS
There is a significant difference between contracts depending on the scope of their application: commercial и non-commercial contract
Commercial a contract is a paid civil law contract, where the parties or one of the parties are entrepreneurs, concluded for commercial purposes and entailing the emergence, change or termination of civil rights and obligations in the field of entrepreneurial activity.
In civil law, a whole system of commercial contracts has been developed, taking into account the characteristics of certain types of economic relations.
1. Implementation contracts for a paid transfer of property into ownership (supply, exchange, commodity credit).
2. Contracts for the transfer of property into possession and (or) use (rent, rental, leasing, trust management).
3. Service Agreements (information, consulting, advertising, legal, insurance, transport, warehousing of goods, etc.). This group of contracts also includes intermediary contracts (commission, commercial concession, commercial agency) and representative contracts (commercial representation). The systematic provision of services is an activity that does not have a material result.
4. Work contracts (research; design, survey, construction, marketing, appraisal, audit, etc.).
5. Agreements on joint actions or activities (simple partnership, consortium, holding, financial and industrial group).
6. financial contracts (bank account, deposit, credit, loan, factoring).
7. Agreements on the transfer of rights to objects of intellectual property (author's, commercial concession, license agreement).
8. Agreements for the transfer of exclusive rights (distribution kit).
9. Contracts to ensure basic obligations (pledge, mortgage, deposit, guarantee and bank guarantee, property insurance).
The list of types of contracts contained in the Civil Code and special legislation (for example, the Federal Law "On financial lease (leasing)") is not exhaustive. The parties have the right to conclude a mixed (complex) agreement, which contains elements of various agreements provided for by law or other legal acts, as well as another agreement not provided for by law (for example, a distribution agreement). A complex agreement is quite relevant in the business sphere, where relations are characterized by intensity and diversity, but it is not always convenient in the event of a dispute, when it is necessary to identify a certain type of obligation.
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