ДОГОВІР КОМІСІЇ: ПРАВОВА РЕГЛАМЕНТАЦІЯ

Abstract

The article deals with the legal nature of service contracts. It is determined that this is an extremely important group of contractual obligations, which include transportation, freight forwarding, power of attorney, insurance, commission, tourist service, storage, information services, loan, credit, bank account, bank deposit, property management, payment of others services, etc.

The author has found out that one of the most common types of service contract today is without a doubt a commission agreement. The article explores the place that the relevant contract occupies in the system of civil contracts. The elements of this contract have been analyzed.

The article stipulates that the commission agreement is a transaction in which one party (the commissioner) undertakes to make one or more transactions on its own behalf for the fee, but at the expense of the commissioner. The contract of the commission is called the ideal form for registration of intermediary relations between the subjects of business activity. The necessity to conclude commission contracts is obvious, because this form of legal relationship frees a professional reseller from the need to invest his own money in the purchase of goods, and at the same time relieves the owner of the property (producer of products) many problems related to the search for contractors, registration and execution their deals, etc.

The author determines that the contract under investigation is one of those agreements through which mediation can be concluded, that is, a relationship between two or more persons through a third party. The essence of mediation is that the person carries out activities aimed at either the preparation and conclusion of the contract by the will of the interested person - legal mediation, or facilitates the conclusion of such contract by the most interested person - actual mediation.

In addition, the article focuses on the issues of implementation issues and the peculiarities of civil liability for the failure or improper performance of this contract and the substantiation of proposals aimed at improving the existing civil legislation in this area and practice of its implementation.