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
62. COMMERCIAL REPRESENTATION
It is obvious that the constant presence of an entrepreneur in a particular market, the established reputation, the effective promotion of goods on the market, and, consequently, the disclosure of new business reserves are in a stable and dynamically functioning system of representative structures.
The reputation of an entrepreneur in the market depends on how he is represented. Reputation requires regular maintenance, and for this, representation must be conducted professionally, like any other type of business.
An entrepreneur can choose one of two options for building relationships with his representatives, which differ depending on the legal regulation: commercial representation and labor representation.
Commercial representation - this is a kind of civil-legal representation with specific features of doing business, which arises as a type of entrepreneurial partnership.
Commercial representation regulated by civil law and according to Ch. 10, 49 GK has the following features:
1) based on civil law transactions: power of attorney, contract of agency or agency;
2) a representative (attorney, agent) acts in commercial circulation on behalf of the person represented (principal, principal) and at his expense;
3) a transaction made by a representative on behalf of the represented directly creates, changes and terminates the civil rights and obligations of the represented;
4) scope of actions - legal and factual;
5) activity is regular;
6) the purpose of the activity is to make a profit, therefore the relationship between the representative and the represented is of a compensatory nature;
7) representative (attorney) acts for remuneration;
8) the representative acts with the diligence of a bona fide businessman;
9) the representative is liable as an entrepreneur with all his property;
10) the procedure for unilateral termination of the contract by the representative is legally complicated, since the representative is obliged to notify the principal no earlier than 30 days in advance and compensate for the losses caused by the unilateral termination of the contract.
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