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
65. COMMISSION AGREEMENT
Under a commission agreement, an entrepreneur is provided with intermediary services.
Commission agreement - consensual, reimbursable and bilaterally binding. Its parties are the committent and the commission agent.
Subject contracts - the commission agent's transactions on behalf of the principal and at his expense. Unlike the attorney in the contract of commission, the commission agent acts on his own behalf, therefore he acquires rights and becomes obligated in a transaction made by him with a third party.
The amount of the commission agent's commission and additional remuneration for delcredere are not essential conditions commission agreements.
The commission agent assumes the execution of the commission order at his own risk, which consists in the fact that if the execution of the commission agreement turned out to be impossible for reasons beyond the control of the committent, the commission agent does not retain the right to commission and reimbursement of expenses incurred.
As a general rule, the conclusion of a subcommission agreement is permissible, unless it is expressly prohibited by the commission agreement. The main commission agent remains responsible to the committent. The entry of the committent into direct relations with the subcommission agent, as a general rule, is permissible only with the consent of the commission agent.
The commission agent's deviation from the instructions of the committent is lawful only if such a deviation is necessary to ensure the interests of the committent and it is impossible to obtain from him prior consent to such a retreat. If a business entity acts as a commission agent, the contract may establish an exemption from the need to obtain the prior consent of the commission agent. In other cases, the condition of the contract on granting the commission agent the right to deviate from the instructions of the committent without a preliminary request is void.
Failure by the committent to fulfill the obligation to release the commission agent from obligations to a third party entails the emergence of the commission agent's right to demand compensation from the committent for the losses caused by such non-fulfillment.
The right of the committent at any time to refuse to perform any commission agreement cannot be limited by the agreement.
Unlike the committent, the commission agent, as a general rule, is not entitled to unilaterally refuse to fulfill the commission agreement concluded for a certain period.
Signs of commission mediation:
▪ based on a commission agreement (Chapter 51 of the Civil Code);
▪ an intermediary (commission agent) acts in civil transactions on his own behalf and at the expense of the principal;
▪ scope of actions within one or several transactions;
▪ the relationship is temporary (one-time) in nature;
▪ an intermediary (commission agent) acts for a fee;
▪ the commission agent bears responsibility as an entrepreneur.
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