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Civil law. Part II. Concept, characteristics, elements of a supply agreement (the most important)

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7. CONCEPT, CHARACTERISTICS, ELEMENTS OF THE DELIVERY CONTRACT

Delivery contract - an agreement under which the supplier-entrepreneur undertakes to transfer to the buyer, within a specified period, the goods produced or purchased by him for use for business or other purposes not related to personal, family, home and other similar use (Article 506 of the Civil Code).

This contract is considered entrepreneurial, one of the forms of wholesale trade (other forms are trade at a fair and commodity exchanges). Contracts concluded between the supplier of goods and its buyer are considered simple in terms of the structure of contractual relations, and contracts in which there is an intermediary - an intermediate entity, are considered contracts with a complex structure. If there is an intermediary, two contracts are concluded: one between the supplier and the intermediary (for example, a wholesale depot, a warehouse for storing goods), the second between the intermediary and the buyer.

Characteristics of the supply agreement - consensual, mutual, compensated, in some cases mandatory for the supplier (Article 445 of the Civil Code).

This type of contract is regulated by the Civil Code, as well as, at the request of the parties, by the rules contained in two provisions on supplies: No. 888, approved by the Council of Ministers of the USSR on July 25, 1988, repealed by Part 4 of Art. 2 of the Law of the Russian Federation "On the Enactment of Part Two of the Civil Code of the Russian Federation", and then restored by a resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of October 22, 1997. They are called as follows: "Regulation on the supply of industrial and technical products" and "Regulation on the supply of consumer goods" . In addition, this agreement is governed by the rules established by the Civil Code of the Russian Federation for the contract of sale, as well as the rules of the Civil Code of the Russian Federation on obligations and transactions. Certain types of supply contracts are regulated by special regulations, e.g. contract for the supply of goods for state needs.

Hand are called in the agreement supplier (it can be a commercial organization or an individual entrepreneur) and by the buyer (as a rule, it is the entrepreneur, but it can also be the state). The buyers under this agreement cannot be persons using the goods for domestic needs. The subject composition and purpose of the goods sold explain that this contract is considered to be an entrepreneurial one.

The subject contracts can be any things not withdrawn from circulation, both existing at the time of the conclusion of the contract, and not produced (not acquired) at the time of the conclusion of the contract, as a rule, determined by generic characteristics.

Price in this agreement does not apply to the essential terms of the agreement, but period applies. It is established by the parties by determining a specific date or period of time. Early delivery under this contract is not allowed. Settlements for payment for goods are carried out, as a rule, by payment orders.

Form The contract can be oral only if the parties to it are entrepreneurs, and the total cost of goods to be delivered does not exceed 10 minimum wages. In other cases, the form of this agreement must be in writing.

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