Contract law. Contract agreement (most important)

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Contract law. Contract agreement (most important)

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27. AGREEMENT OF CONTRACT

contracting agreement An agreement is called an agreement under which the producer of agricultural products (seller) undertakes to transfer the manufactured products to the procurer (contractor), and the latter undertakes to accept and pay for it.

The contracting agreement mediates relations for the procurement of agricultural products and raw materials, which form the basis of the well-being of any society. Its differentiation from other sales contracts is carried out by the subject composition and subject of the contract.

The contract agreement is:

1) consensual - is considered concluded at the moment of reaching an agreement between the parties in the form required by law;

2) paid;

3) mutual - the existence of subjective rights and obligations of both parties to the contracting agreement.

Seller (producer of products) and procurer of products (contractor) - entrepreneurs. The state and citizens who do not have the status of an entrepreneur cannot participate in the contract as a seller, while the state body can act as a procurer.

The subject contracting agreement is any product of agricultural production (plant growing, animal husbandry, fur farming, including fur farming, etc.).

The subject of the contracting agreement is not intended for personal, family, household or other similar use.

Essential conditions contracting agreements are term and assortment.

The price of the contract is not an essential condition and is determined according to the general rules provided for the purchase and sale agreement.

Form of contract - written.

Rights and obligations of the manufacturer:

1) acceptance of the goods;

2) payment for goods;

3) is obliged to accept agricultural products from the producer at its location;

4) is obliged to ensure its export outside the producer's farm;

5) is obliged to pay for the purchased agricultural products;

6) is responsible for violation of the terms of the contract on the general basis for entrepreneurs;

7) the procurer - a state body, under a contract for the purchase of agricultural products for state needs, in case of violation of the terms of the contract, is liable only for fault;

8) if there are certain conditions in the contract, he is obliged to return the processing waste to the manufacturer for an appropriate fee.

Rights and obligations of the manufacturer:

1) transfer of manufactured products to the supplier;

2) the need to transfer the goods in an agreed assortment;

3) exemption from liability for violation of the terms of the contract if there is evidence of the absence of guilt.

Author: Rezepova V.E.

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