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

Lecture notes, cheat sheets

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66. RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THE COMMISSION AGREEMENT

Commitee's responsibilities: pay the commission agent remuneration after the execution of the contract, as well as in case of non-performance for reasons beyond his control, and at the same time reimburse the commission agent for the expenses incurred by him; to declare to the commission agent within a reasonable time after receiving from him a notice of the transaction at a price higher than agreed with him, about his disagreement to accept such a purchase (if the commission agent accepts the difference in price to his account, then the committent is obliged to accept such a purchase); accept from the commission agent everything performed under the contract; inspect the property acquired for him by the commission agent, and notify the latter without delay of the shortcomings of the property; release the commission agent from the obligations assumed by him to a third party upon the execution of the commission order; notify the commission agent of the termination of the contract (if it was concluded without specifying the validity period) no later than 30 days; immediately dispose of their property, which is under the authority of the commission agent, in case of cancellation of the order, as well as dispose of such property within 15 days from the date of receipt of the commission agent's notification of refusal to execute the order.

The rights of the committer: ownership of things acquired by him at his own expense, but received from him by the commission agent; withdraw from the contract at any time by canceling your order; is not entitled to enter into direct relations with the subcommission agent without the consent of the commission agent until the termination of the contract.

Commissioner Responsibilities: execute the order on the most favorable terms for the principal; inform the committent about the failure of the third party to perform the transaction concluded with him, collect the necessary evidence and, at the request of the committent, transfer the rights under such a transaction to him in compliance with the rules on the assignment of rights of claim; reimburse the principal for the difference in the event of the sale of property at a price lower than agreed with him; submit a report to the committent and transfer to him everything received under the contract.

Commissioner's rights: for remuneration and reimbursement of expenses incurred, if the contract was not executed for reasons depending on the committent; for remuneration for transactions made by him before the termination of the contract in the event that the commission agent refused to execute the order of the committent; by half of the additional benefit if the commission agent made a transaction on terms more favorable than those of the cat. were pointed out to him; to conclude a subcommission agreement; to deviate from the instructions of the committent in the interests of the latter, if he could not first request the committent or did not receive a response to his request within a reasonable time. The commission agent-entrepreneur may be granted by the committent the right to deviate from his instructions without prior notice. request; to withhold the things he has, subject to transfer to the committent, and the amounts of money due to him from all the amounts received by him at the expense of the committent.

The commission agent does not have the right: for reimbursement of expenses for the storage of the property of the committent, if otherwise provided by law or contract; to refuse to perform the contract, except for the case when it is concluded without specifying the period of its validity.

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