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
66. AGENCY AGREEMENT
Agency contract is consensual, bilaterally binding and reimbursable. The parties to this agreement are the agent and the principal.
Subject agency agreement - the commission of legal and actual actions on behalf of the principal (the scope of the agent's actions, therefore, exceeds the actions of the commission agent and attorney under the relevant commission and commission agreements).
Giving an agent the general authority to transact on behalf of the principal implies that the agent has the authority to transact any transactions that the principal himself might transact. The burden of proving that a third party is aware of the restriction of the agent's powers lies with the principal. Although the agency agreement is paid, the condition on the amount of the agency fee is not one of the essential terms of this agreement.
Acceptance by the principal of the agent's report is a one-way transaction. Silence of the principal during the period established in Art. 1008 of the Civil Code or the agency agreement, the term is recognized as an expression of his will to accept the report.
As a general rule, the conclusion of a subagency agreement does not require the consent of the principal. The main agent remains responsible to the principal. The subagent has the right to act on behalf of the principal only if the main agent entrusts him with the execution of the agency assignment.
Signs of agency intermediation:
1) based on an agency agreement;
2) the peculiarity of legal regulation provides for the subsidiary application to relations arising from an agency agreement of the rules on an agency agreement or a commission agreement;
3) the agent acts in circulation on his own behalf or on behalf of the one in whose interests he acts, i.e. the principal;
4) the scope of actions - legal and factual (for example, conducting an advertising campaign), i.e. the scope of actions is wider than that of a commission agent or an attorney;
5) the relationship is ongoing;
6) the agent acts for a fee;
7) the agent is responsible as an entrepreneur.
Some types of intermediaries can be identified by their specific functions:
1. exclusive agent or sole rights for trade (distributor).
2. Agent (franchisee), using means of individualization of the copyright holder - the right to a company name, commercial designation.
3. Agent (delcredere) in addition to agency functions, it guarantees to the principal the fulfillment by a third party of obligations arising from the concluded transaction.
4. Agent (auctioneer) has the authority to sell goods at auction according to pre-announced rules, with the right to receive the purchase price.
5. consignment agent has the right to:
a) sell the goods of the principal to third parties from their warehouses (because they own the goods of the principal);
b) to borrow money against the security of goods, to issue commodity loans.
6. exchange intermediary (broker) or dealer) is a professional participant in the securities market and a member of the commodity exchange.
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