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
64. CONTRACT OF ORDERING
Contract of agency, used in commercial activities, is consensual, bilaterally binding and compensated. The parties to the agency agreement are the principal and the attorney. Both individuals and legal entities can act as principals and attorneys.
Subject agency agreements - legal actions that must be defined in the agency agreement.
The strategic goal of the principal under the contract - expand the scope of their interests and their influence, and attorney's purpose - service. Therefore, the contract of agency is the basis for the emergence of the attorney's authority, by virtue of which, as a result of the commission by the attorney of legal actions, the rights and obligations corresponding to these actions arise, change or terminate directly with the principal.
The trustee acts on behalf of the trustee. The conditions for the validity of the principal's instructions are their legitimacy, feasibility and specificity. The instructions of the principal that do not meet these criteria do not entail legal consequences. Deviation from the instructions of the principal without his consent may be due only to the interests of the principal. The obligation to notify the principal of the deviations made is imperative for an ordinary attorney (clause 2 of article 973 of the Civil Code), and for an attorney acting as a commercial representative, it is dispositive (clause 3 of article 973 of the Civil Code).
The issuance of a power of attorney to an attorney is always necessary, except for cases when the powers of the attorney are clear from the situation in which he acts (part 2, clause 1, article 182 of the Civil Code), as well as commercial representation, in which the attorney can act on the basis of an agreement with the principal ( item 3 of article 184 of the Civil Code).
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