CONTRACT
- civil contract, according to which the producer of agricultural products is obliged to transfer the agricultural products produced (produced) to the procurer - the person who purchases such products for processing or sale (to the contractor). The contractor, in turn, undertakes to accept and pay for this product.
The parties to the contract are:
1) the seller, which may be not only an agricultural commercial organization and a peasant (farmer) economy, for which the production and sale of agricultural products are entrepreneurial activities, but also citizens who produce agricultural products on household plots, garden and garden plots;
2) the buyer (the procurer), in which capacity the person exercising
Purchase of agricultural products for further processing or sale, i.e. For use in entrepreneurial activities.
The subject of the contract may be any product of agricultural production (crop production, livestock, fur farming, including fur-bearing, etc.). Products that are the subject of the contract are purchased for further processing or sale. In addition, the Federal Law "On Procurement and Supply of Agricultural Products, Raw Materials and Food for State Needs" provides for another assignment of this product - placing it in the state fund - a reserve (ie, storage).
The price is not an essential condition of the contract K, its definition is made according to the general rules that are provided for purchase and sale. The term of the contract is one of its essential conditions.
The contract of K. is in writing. It indicates: name, quality, range, product price; Order, terms of delivery; Points and deadlines for delivery of goods; Mutual property
a responsibility; Order of settlements. This contract is paid, consensual and reciprocal.
The duties of the procurer are stipulated in Art. 536 Civil Code of the Russian Federation. These include: the adoption of agricultural products in
Producer at its location and ensuring its export; Return to the manufacturer at his request of waste from the processing of agricultural products with payment at a price determined by the contract (such an obligation may not be provided for in the contract).
In the case where the adoption
Agricultural products is carried out at the place of location of the procurer or other place specified by it, the procurer is not entitled to refuse to accept agricultural products that meet the conditions of the agreement of K. and handed over to the procurer in the period stipulated by the contract.
The duty of the producer of agricultural products is stipulated in Art. 537 of the Civil Code of the Russian Federation, according to which this refers to the transfer to the procurer of the grown
(Produced) agricultural
Products in the quantity and assortment stipulated by the contract of K. Agricultural producer
Products that have not fulfilled the obligation or improperly fulfilled the obligation, is liable in the presence of his guilt. Thus, the manufacturer, who has proven that he has not blamed himself for failure to perform or improper performance of the contract, is absolved from liability.
The responsibility of the procurer is usually built on the basis of risk. According to the contract, K., the state procurement agent, answers only for guilt.
Responsibility is established in the form of a penalty, penalty, fine, compensation for damages.
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