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Civil law. Part II. Rights and obligations of the parties under the agency agreement. Termination of the contract (most important)

Lecture notes, cheat sheets

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64. RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THE CONTRACT OF ORDER. TERMINATION OF THE CONTRACT

Trustee Responsibilities: issue a power of attorney to the attorney to perform the actions provided for by the contract (with the exception of only those cases when a person can act without a power of attorney). This can be clearly indicated by the environment in which the person operates. For example, a trader in the market asked another person to trade his goods. In this case, there is an oral transaction-order in front of witnesses and a power of attorney is not required; provide the agent with funds necessary for the execution of the order, and in case of their insufficiency, reimburse the expenses incurred by the agent; pay the attorney remuneration, if the contract is onerous; without delay to accept from the attorney everything performed by him in accordance with the contract.

Trustee rights: cancel the order at any time; withdraw the deputy elected attorney.

Attorney Responsibilities: carry out the order of the principal in accordance with his instructions, which must be lawful, feasible and specific; to execute the order given to him personally, except for the case of reassignment of the order; inform the principal, at his request, of all information on the progress of the execution of the order; transfer to the principal without delay everything received under transactions made in pursuance of the order; submit a report with corroborative documents attached, if required by the terms of the contract.

Attorney's rights: an attorney acting as a commercial representative has the right to keep things in his possession that are subject to transfer to the principal, in order to secure his claims under the contract of agency; deviate from the instructions of the principal in his interests if he could not previously request the principal or did not receive a response from him to his request within a reasonable time, notifying the principal of the deviations made as soon as possible; an attorney acting as a commercial representative may obtain the right from the principal to deviate from his instructions without prior request, but with subsequent notification of the principal; transfer the execution of the order to another person (deputy) only in cases and under the conditions provided for in Art. 187 GK. If the deputy attorney is specified in the agency agreement, the attorney is not responsible either for his choice or for the conduct of his affairs. If the deputy attorney is not specified in the contract, the latter is responsible for his choice and for the conduct of his affairs.

In the event of the death of an attorney, his heirs are obliged to notify the principal of the termination of the contract and take measures to protect the property of the principal. The same duty lies with the liquidator of a legal entity who is an attorney.

The assignment agreement is terminated on the following grounds: execution of the order; cancellation of the order by the principal; refusal of the attorney to execute the order; death of a principal or attorney; recognition of the principal or agent as incapable, partially incapacitated or missing.

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