Legal encyclopedia. Letter T

TRADE DEAL.

Under TS in

The legislation of foreign countries is understood as all economic transactions, namely:

1) transactions arising from the industrial activities of industrial, agricultural, communal, housing, construction, publishing, entertainment and other enterprises;

2) transactions of commercial, banking and other enterprises related to the sphere of turnover of goods and money;

3) transactions of transport, insurance, forwarding enterprises for transportation, storage and insurance and other transactions related to the turnover of goods;

4) transactions that are close in their content to industrial and commercial activities, for example, rent for trade enterprises, advertising of goods.

Allocating from the whole sphere of civil transactions to a special category of the concept of "commercial transactions", subject to special rules of imprisonment and execution, has a certain trade and economic significance:

1) a special regulation of lending relations in the trade turnover is fixed, which plays a huge role in business;

2) conditions are created that ensure the rapid implementation of commercial transactions and the resolution of disputes arising on them (for example, in the legislation of foreign countries a set of rules has been established that either weaken the formalism of transactions - the ability to enter into transactions either verbally or by telephone, or, conversely, strengthen it) .

Recognition for a commercial transaction subordinates it to special rules of commercial law governing the procedure for concluding and executing TS. It should be borne in mind that in order to resolve disputes arising from TS, in many foreign countries special courts have been created, other than courts of general Jurisdiction.

Unlike civil law norms that establish rules applicable to civil transactions, the regulation of the content of trade transactions by trade law has its own characteristics, which are as follows:

1) a simplified procedure and the form of their conclusion are established for trade transactions in comparison with ordinary civil transactions;

2) the protection of the interests of the merchant as a party to the bargain is more strengthened;

3) in the commercial law, for trade transactions, a higher interest rate is envisaged than in the ordinary civil turnover;

4) when considering disputes arising out of commercial transactions, the court proceeds from the presumption of joint responsibility of debtors, which creates great guarantees for the creditor, since in this case he has the right to demand full payment of the debt from each of the debtors, whereas in civil law this responsibility Must be specifically stipulated in the contract;

5) in commercial transactions, the creditor-mortgagee is granted more extensive powers with respect to pledged things;

6) for trade relations on the protection of rights arising from trade transactions, trade laws provide for shorter periods of limitation of actions.