Legal encyclopedia. Letter K

COMMISSION.

The agreement is one of the contracts aimed at providing services. Through it, transactions are carried out for the paid sale of property that does not belong to the alienator.

Under the contract, one party (the commission agent) undertakes, on the instruction of the other party (the committent), to make one or several transactions for his commission on his own behalf, but at the expense of the committent.

Contract K. paid, bilateral, consensual.

Parties to the agreement: the committent is a citizen or a legal entity in whose interests transactions are concluded for which the transaction specified in the contract is made, and the commissioner is a citizen or enterprise that makes the transaction.

The subject of the contract may be different things, not withdrawn from civil circulation.

The object of the contract are various kinds of transactions. The price is determined by the contract between the parties. In cases where the contract does not provide for a price and can not be determined on the basis of the terms of the contract, the performance of the contract must be paid for at a price that, under comparable circumstances, is usually charged for similar services.

The agreement may be concluded for a certain period or without specifying the term of its operation, with or without indication of the territory of its execution.

The legislation does not contain special rules on the form of the contract K., therefore, a general rule on the form of transactions is applied, and the contract K must be made in writing.

Obligations of the commission agent:

1) conclude the contract in accordance with the commissioner's request and on more favorable terms;

2) execute the instruction on more favorable terms for the principal;

3) has the right to depart from the instructions of the principal, if in the circumstances of the case this is necessary in the interests of the principal;

4) to notify the departures as soon as the notice becomes possible; 5) if the third party fails to fulfill the obligations under the transaction, the commission agent shall inform the principal, collect the necessary evidence and transfer the rights under this transaction;

6) after executing the commission, the commission agent must submit a report to the principal;

7) if the commission agent sells the property of the principal at a price below the agreed price, he must compensate for the difference.

The commission agent has the right to retain the principal's things until they meet their requirements under the contract.

K. The principal is obliged:

1) to pay the remuneration and reimburse the expenses incurred;

2) do not refuse to purchase, if the commission agent is willing to pay the difference in price;

3) accept from the commission agent all executed under the contract;

4) inspect the property acquired for him by the commission agent, and notify the latter without delay of the shortcomings found in this property;

5) to release the commission agent from the obligations assumed by him before the third person, on execution of the commission commission;

6) may impose on the commission agent the duty of property insurance.

The agreement can be terminated unilaterally by:

1) the principal's refusal to perform the contract;

2) the refusal of the commission agent to perform the contract;

3) the death of the commission agent, his recognition as incompetent, limitedly capable or missing;

4) recognition of an individual entrepreneur who is a commission agent, insolvent (bankrupt);

5) cancellation of the order.