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3* Kinds of the contract of the retail purchase-prodazhi*

The system of civil-law contracts constantly develops. Result of continuous evolution of an economic turn and development of the property relations regulated by the conventional law, occurrence of new types, kinds and subspecies of civil contracts is.

Is not an exception here and the contract of retail purchase and sale. If in the Soviet Civil codes 1922 and 1964 the legislator did not use even concept of the contract of retail purchase and sale and accordingly did not allocate eroJ in operating now GK the Russian Federation the whole paragraph in which the contract of retail purchase and sale and its separate kinds [133 [134] is regulated is devoted the given contract.

According to definition, data in the encyclopaedic dictionary, under the pretext of it is necessary to understand - "basic structural and classification unit of any system" 1. Thus, division into kinds occurs by classification. Classification is understood "as system of the co-ordinated concepts (classes of objects) any area of knowledge or activity of the person, used as means for an establishment of communications between these concepts or classes of objects", - or "distribution of subjects of any sort to the interconnected classes to the most essential signs inherent in subjects of the given sort and distinguishing from subjects of other sorts" [135 [136] [137].

Classification - the important means of increase of pithiness of the scientific information: it gives the chance but to a place occupied with object in classification system, it is easy to establish its basic signs and properties, and not only what are already known to a science, but also what directly still nanoseconds were are revealed in the course of knowledge [138]. Classification is among the general methods of knowledge along with supervision, comparison, modelling, reconstruction and analogy and e by success is used in any science, allowing to get into essence of subjects investigated by it and the phenomena more deeply.

The problems connected with classification of contracts, are among old problems of civil law. Classification of contracts of purchase serves the purposes of detection of essential lines of similarity and distinction between them, that facilitates a correct choice of type or a contract kind for subjects of civil matters, provides its conformity to the maintenance of adjustable activity. In practice it promotes the conclusion of such contract which to the greatest degree corresponds to requirements of its participants. Also, classification creates possibility on a scientific basis to systematise the legislation on contracts.

Let's consider possible ways of classification. Classification of any concept assumes its division of a pas some types (kinds, subspecies). Such division can be made in two ways: 1) by дихотомии1 with which help, using consistently certain basis (criterion), divide concept on two groups, one of which is characterised by presence of this basis, and another - its absence; 2) by means of the certain bases it is created unlimited number of groups, in each of which the specified bases in appropriate way are individualised [139 [140].

Most likely, the way of creation of unlimited number of groups also spends classification of the contract of retail purchase and sale on separate kinds, and it is necessary to recognise as the bases of the given classification separate treaty provisions.

The analysis of the legislation on retail purchase and sale allows to allocate following kinds of the contract of retail purchase and sale: the contract of purchase with a condition about goods acceptance in certain term, the contract of purchase of the goods on samples, the contract of purchase of the goods with use of automatic machines, with a condition of delivery of the goods to the buyer, the contract of retail purchase and sale with the advance payment of the goods and the contract of retail purchase and sale of the goods on credit (including with payment by instalments), the contract of commission retail purchase and sale. Also, besides kinds, it is possible to allocate and subspecies of the contract of retail purchase and sale. So, a kind of the contract of retail purchase and sale on credit (and, accordingly subspecies of the contract of retail purchase and sale) is the hiring-sale contract, and on samples (also the contract of retail purchase and sale being subspecies) it is necessary to recognise as a kind of the contract of retail purchase and sale the contract of remote purchase and sale.

Features of separate kinds and subspecies of the contract of retail purchase and sale we will consider by means of allocation of the conditions taken by the legislator as a principle of their classification. Among these conditions it is possible to allocate the following.

First, a way of delivery of the goods under the contract of retail purchase and sale. On a way of delivery of the goods it is possible to allocate sale through the automatic machine and a different way which especially is not allocated with the legislator. In spite of the fact that the given way of sale of the goods was popular enough both during the pre-revolutionary period and during Soviet time, the norms specially regulating the relations, developing between the seller and the buyer at sale of the goods by the specified way, by the legislator only in current GK the Russian Federation (items 498) for the first time have been fixed.

The automatic machines intended for retail of the goods, can be as in the property of sellers, and to belong to them on the rent right. A duty to inform of buyers the information on the seller of the goods, its company name, a place of its finding, an operating mode, and also on actions, which the buyer should make to receive the goods, is assigned, according to item 498 GK the Russian Federation, on owners of corresponding automatic machines. The specified information is possible to the buyer by a premise of corresponding data on the automatic machine or a different way. Thus, it is possible to draw a conclusion, that the legislator provides additional, in comparison from item 495 GK the Russian Federation, requirements to the information at sale of the goods through automatic machines.

Unlike general provisions on making contract of retail purchase and sale, the contract of retail purchase and sale with use of automatic machines is considered the prisoner from the moment of fulfilment by the buyer of the actions necessary for reception of the goods. Thus, it is necessary for the buyer for the conclusion of the given contract not only to pay the goods, but also to make other specified actions. If, despite fulfilment of the specified actions, the buyer does not manage to receive the paid goods, owing to malfunction of the automatic machine, he has the right to demand from the seller immediately to give the goods or to return the paid sum. As proofs of the fact of making contract a testimony, and also data about quantity of the goods sold through the automatic machine and the money received for them (other signs on payment) can serve. It is represented, that in the provided situation the seller has not the right to give up to the buyer in reception of these data (even if for this purpose it is necessary to open the automatic machine). In case of non-presentation to the buyer of the paid goods responsibility is born by the seller, instead of the owner of the automatic machine [141]. When the automatic machine is used for exchange of money, acquisition of signs on payment or exchange, to the relations arising between the seller and the buyer, rules about retail purchase and sale if other does not follow from an obligation being are applied.

The analysis of the norms regulating the contract of retail purchase and sale, concluded through the automatic machine, allows to draw a conclusion on their inefficiency connected, first of all, with absence of the mechanism of their realisation. So, the main feature of the given way of trade is possibility of absence of the seller directly in a place of sale of the goods. Despite it, the legislator fixes in item 498 GK the Russian Federation a duty of the seller immediately to give to the buyer the paid goods or to return the paid sum.

Thus, assigning to the seller of the goods who is absent in a place of sale, a duty immediately to give the paid goods or the paid sum, and not establishing the sanction for its default, the legislator thereby only declares the specified duty of the seller.

First of all, it is necessary to understand, that the legislator understands as definition immediately to give the goods or to return the paid sum. So, in item 1 of item 20 of the Law about 31111 it is provided, that lacks should be eliminated immediately if other term is not certain by the agreement of the parties in writing. In this occasion, Plenum BC the Russian Federation in paragraph 1 podp. "And" item 11 will give an explanation according to which "immediately" it is necessary to understand the minimum term objectively necessary for elimination of given lacks of the goods taking into account usually applied way of their elimination ' as concept. Thus, by analogy it is possible to assume what immediately to return money or to give to the buyer the paid goods the seller it is obliged in the minimum term objectively necessary for it, - that is in time during which it is necessary to open the automatic machine.

In connection with noted feature of a way of sale of the goods through the automatic machine, connected with absence of the seller in a place of its realisation, the author of dissertation offers to expand the list of parties liable, and to give to the buyer the option of the person to which can make a complaint on an unaccordance to it of the goods.

Thus, in our opinion, besides the seller of the goods, a duty to return the paid goods or the paid sum it is necessary to assign to the person who has given to it in rent a place under installation of the automatic machine as the lessor (its authorised representatives) there are always in immediate proximity sale places also. It is necessary to notice also, that third party attraction - the additional subject to whom the consumer can address the requirements, is the general reception of the consumer legislation, the used legislator for the purpose of protection of weakness of the contract. So, according to item 3 et. 18 Laws about ZPP the consumer has the right to make demands on gratuitous elimination of lacks of the goods or the reimbursement for their correction by the consumer or the third party, on replacement by the goods of similar mark (model, the article) both to the seller, and the manufacturer, the authorised [142] organisations or to the authorised individual businessman, the importer.

Besides, in this case valuable interests of the person giving to the seller in rent a place under installation of the automatic machine, are not restrained by its attraction as the additional responsible subject as it can settle the given relations in the contract with the seller.

In connection with the aforesaid, the author of dissertation offers to state item 498 GK the Russian Federation as follows:

' fL In cases when sale of the goods is made with use of automatic machines, the owner of automatic machines is obliged to finish to buyers the information on the seller of the goods, and also on the person who has given to it a place in rent under installation of the automatic machine, by a premise on the automatic machine or grantings to buyers a different way of data on their name (company name), a place of their finding, an operating mode, and their contact phones, and also about actions which are necessary for making to the buyer for goods reception.

2. The contract of retail purchase and sale with use of automatic machines is considered the prisoner from the moment of fulfilment by the buyer of the actions necessary for reception of the goods.

3. If the paid goods, the seller, the owner of the automatic machine, or the person who has given to it a place in rent under installation of the automatic machine is not given to the buyer, is obliged but to the requirement of the buyer immediately to give to the buyer the goods or to return the sum paid to it. For default (a performance delay) given requirement of the buyer the seller (the person who has given to it a place in rent under installation of the automatic machine) pays to the buyer per every day of delay the penalty (penju) at a rate of ten percent of the price of the goods.

4. In cases when the automatic machine is used for exchange of money, acquisitions of signs on payment or exchange, are applied rules about the retail purchase-about even if other nanosecond follows from an obligation being. "

Secondly, the moment of making contract of retail purchase and sale. The moment of making contract of the retail purchase and sale which is the contract konsensualnym, the moment of achievement by the parties of the agreement on goods sale is. Above, in 1 chapters of I dissertation, we had already been considered specificity of the contract of retail purchase and sale, in connection with which the legislator and establishes special legal fiction, in which force goods payment (also as well as fulfilment of the actions necessary for reception of the goods from the automatic machine) always is understood as the taken place agreement of the parties as the specified actions are "always hardly probable not unique way of expression of will of the buyer on making contract concerning the standard goods" 1. So, the legislator, concretising the moment of achievement by the parties of the agreement on goods sale under the contract of retail purchase and sale, defines it as the moment of payment of the goods (delivery of the check to the buyer) (the item 493 GK the Russian Federation) and the moment of fulfilment by the buyer of the actions necessary for reception of the goods from the automatic machine (item 498 GK the Russian Federation).

Thirdly, on term of payment of the goods it is possible to allocate: the contract of retail purchase and sale with the goods advance payment, with an immediate reimbursement (under the general rule) and with goods payment on credit (including by instalments) [143 [144] [145].

In the fourth, in the line of duty deliveries of the goods to the buyer discriminate: sale with the obligation to deliver the goods to the buyer and without that. At making contract of retail purchase and sale with a condition about delivery of the goods to the buyer, the seller is obliged to deliver the goods in a place specified by the buyer and if it is not defined, on a residence of the citizen or on the location of the legal person who are the buyer. Goods delivery should be carried out in time, provided by the contract or corresponding rules of sale товаров1.

In CHjrHae5 when the contract or normative acts do not define delivery term, it is understood as reasonable term which starts to flow only from the moment of reception by the seller of the corresponding requirement of the buyer (in an exception of the general rule according to which the obligation is executed in reasonable term after its occurrence, and at default in this term - within seven days from the moment of a presentation the creditor of the corresponding requirement (paragraph 2 n. 2 sg. 314 GK the Russian Federation)).

Starting with logic of position of item 499 GK the Russian Federation if the data, allowing to define a place of delivery of the goods, in the contract are absent, it should be recognised незаключенным2.

Fifthly, on the moment of transition of the property right to the transferred goods. Besides the standard contract of retail purchase and sale on which conditions the property right to the goods passes to the buyer at the moment of its transfer, the legislator regulates also such kind of the contract of retail purchase and sale, as the hiring-sale contract. GK the Russian Federation supposes possibility of making contract of retail purchase and sale with a condition that before transition of the property right to the goods to the buyer last is the employer (tenant) of the goods transferred to it (the hiring-sale contract). At hiring-sale the buyer becomes the proprietor of the goods only from the moment of its payment. On the buyer - nesobstvennika positions of item 491 GK the Russian Federation extend. The buyer has not the right before transition to it of the property right to alienate the goods or to dispose of it otherwise if other is not statutory or the contract or does not follow from appointment and properties of the goods. If in time, established by the contract, the transferred goods are not paid or there will not come other circumstances at which it is right [146 [147] properties passes to the buyer, the seller has the right to demand from the buyer to return to it the goods if other is not provided by the contract.

It is necessary to notice, that the buyer before transition to it has of the property right to the goods concerning it only some rights of the tenant, in particular the right to reception of fruits, production, incomes (ch, 2 items 606 GK the Russian Federation). At the same time, concerning transfer of the goods to the buyer, detection consequences in it of lacks, quantities and qualities of the transferred goods, container and packing and consequences of infringement of the specified conditions etc., on the seller and the buyer action of norms 1, 3 gl extends. ZO, instead of 1 gl. 34 GK the Russian Federation. Under the general rule of the contract of hiring-sale the property right passes to the buyer only from the moment of goods payment in the full size. At the same time, the agreement of the parties can be established, that the property right passes to the buyer already from the moment of payment of a part of the price of the goods.

Sixthly, the moments of acceptance of the goods under the contract of retail purchase and sale are: the moment of making contract and other moment defined by the contract. The contract of retail purchase and sale can consist with a condition about acceptance by the buyer of the goods in the term defined by the contract during which these goods cannot be transferred other buyer. Absence of the buyer behind the goods in time, established by the contract, or omittance of the actions necessary for acceptance of the goods in this term by it, can be considered by the seller as refusal of the buyer of execution of a contract. Additional expenses of the seller on maintenance of transfer of the goods to the buyer through the certain period of time in time, established by the contract, should join directly in the goods price.

Seventhly, on a way of acquaintance of the buyer with the goods it is possible to allocate: acquaintance of the buyer with the original of the goods or its sample (the description, the catalogue of the goods and t, the item).

On the given question it is necessary to note the following. On December, 21st, 2004

Essential changes have been made to the Law about ZPP, [148] concerned including the system of contracts of retail purchase and sale. The contract of retail purchase and sale concluded by means of a remote way of sale of the goods, for the first time settled in the item 26Л the Law about ZPP, it is possible to carry to subspecies of the contract of the retail purchase and sale concluded by means of sale of the goods on samples as both sale by sample, and remote sale is characterised by the main sign, allowing them to delimit from other ways of sale of the goods, - the consumer has no possibility to study, survey directly that thing which he is intended to buy.

According to Law item 26.1 about ZPP, the contract of retail purchase and sale can be concluded on the basis of acquaintance of the consumer with the offered seller the description of the goods containing in catalogues, prospectuses, the booklets, presented on pictures, by means of a communication facility (television, post, radio communications and others) or others excluding possibility of direct acquaintance of the consumer with the goods or the sample of the goods at the conclusion of such contract in the ways.

The law about ZPP on stages paints process of remote sale of the goods. Amendments establish additional guarantees of observance of the rights of consumers at realisation of such sales. So, before making contract the seller is obliged to give to the consumer the information on the basic consumer properties of the goods, on the address (location) of the seller, on a place of manufacturing of the goods, on the full company name (name) of the seller (manufacturer), on the price and on conditions of acquisition of the goods, on its delivery, service life, working life and a warranty period. Besides, the consumer has the right to know about all possible variants of payment of the goods and about term during which the offer operates. At the moment of goods delivery the information on the goods, provided st, 10 Laws on the ZIP, and also the information on an order and terms of return of the goods should be in writing given the consumer.

It is provided also, that the consumer can to refuse without an explanation of the reasons the goods at any time before transfer or within a week after its delivery. Under the contract of remote purchase and sale the consumer is allocated with the additional right to refuse the goods within three months from the moment of goods transfer in the event that the information on an order and terms of return of the goods of appropriate quality has not been given in writing at the moment of goods delivery. The granted right is given to the consumer because its interest on reception of the expected goods can be broken in connection with features of conditions of the given contract according to which the consumer is deprived possibility directly to survey, examine the goods.

The unique exception is made for the goods having individually - certain properties if it can be used consumer exclusively getting it. Here it is necessary to notice, that the specified interdiction for return of the goods with specific properties, the Russian Federation by which it is established contradicts item 3 of item 497 GK, that the buyer before goods transfer has the right to refuse execution of a contract of retail purchase and sale under condition of compensation to the seller of the necessary expenses suffered in connection with fulfilment of actions on enforcement of the treaty.

Thus, we come to conclusion, according to which the considered position of item 26.1 of the Law about ZPP strikes at the rights of consumers and it is necessary for excluding.

At return of the goods the seller is obliged to return to the buyer its cost minus expenses on delivery from the consumer of the returned goods not later than in ten days after a presentation of the corresponding requirement.

In the text of analyzed article there is also an obvious contradiction, In point 4 of new article is defined, that return of the goods of appropriate quality is possible in the event that its trade dress and consumer properties, and also the document confirming the fact and conditions of purchase of the goods are kept. However already in the following offer it is said, that absence at the buyer of such document does not deprive of its possibility to refer to other proofs of acquisition of the goods.

It is necessary to notice, that before acceptance of noted amendments in the Law about ZPP the concept "a remote way of sale of the goods" in our legislation was absent. Despite it, it is impossible to deny, as before item 26.1 occurrence this question was regulated by the domestic legislation. To sale of the goods on samples (under their description, the catalogue of the goods, etc.) the Russian Federation, some norms of the Law about ZPP and Rules of sale of the goods on samples was devoted to item 497 GK. It is necessary to notice, that for today, despite the made changes in the Law about ZPP, positions of Rules of sale of the goods on samples in former edition continue to operate, entering with the Law about ZPP in the contradiction.

Thus, according to the author of dissertation for an exception of contradictions available for today in the specified regulatory legal acts, in them it is necessary to bring respective alterations.

Relations of retail purchase and sale of the goods on samples (to their descriptions, catalogues, etc.) with participation of the buyers, being legal bodies and individual businessmen, are regulated by norms of item 497 GK the Russian Federation. Under the general rule the given kind of the contract of retail purchase and sale will be considered as the executed seller from the moment of goods delivery in a place specified in the contract, and at absence in the contract of a corresponding condition - from the moment of delivery of the goods to the citizen in a place of its residence (to the legal body in a place of its finding). Realisation by the buyer of the right to refusal of execution of such contract is possible under condition of compensation by it to the seller of the necessary expenses suffered by last in connection with fulfilment of actions on enforcement of the treaty.

The V-eighth, a subject of the contract of retail purchase and sale. According to Law item 26 about ZPP to the Government of the Russian Federation is accorded to approve a right rules of sale of separate kinds of the goods. Among operating for the present moment corrected, first of all it is necessary to specify in Rules of sale of separate kinds of the goods, approved by the governmental order of the Russian Federation from January, 19th, 1998 № 55 '.

Thus, proceeding from the analysis of the specified rules, it is possible to draw a conclusion on possibility of classification of the contract of retail purchase and sale also in its subject. So, Rules of sale of separate kinds of the goods reflect features of sale of six integrated groups of the goods:

1) the food;

2) textile, knitted, sewing, fur, footwear;

3) technically difficult;

4) steam fjumerno-cosmetic;

5) cars, motor-technics, trailers and number units;

6) products from precious metals and jewels.

Also, Rules contain the sections defining features of sale of following goods: medical products and products of medical appointment, animals and plants, household chemical goods, pesticides and agrochemicals, copies of audiovisual products and soundtracks, the weapon and cartridges to it, furniture, alcoholic production, etc.

Commission business rules neprodovolstvennymi, approved by the governmental order of the Russian Federation from June, 6th, 1998 № 569, regulate such kind of the contract of retail purchase and sale as commission retail purchase and sale. The basis of allocation of the given kind of the contract of retail purchase and sale also is its subject which features consist in the following, According to Rules, on the commission from citizens can be accepted new, and also were in the use neprodovolstvennye. There can not be a subject of commission sale goods, not returnable or to an exchange for the similar goods of others of the size, forms, a dimension, a style, a colouring or a complete set: the goods for preventive maintenance and treatment of diseases in house conditions; subjects of personal hygiene; the perfumery-cosmetic goods; products sewing and knitted linen, etc. Thus, the subject of the contract of commission retail purchase and sale is already in comparison with a subject of the usual contract of retail purchase and sale.

Also, Rules define specificity of commission sale of separate kinds of the goods, such as: vehicles, gas cookers and cylinders, subjects of antiques, a product from precious metals and jewels, the civil weapon, etc.

At realisation of retail commission business there are two groups of legal relations: between the commission agent and the committent, mediated by the contract of factorage, and between the committent acting in a role of the seller and the buyer-grazhdaiipom, mediated by the contract of retail purchase and sale. According to item 1 of item 990 GK the Russian Federation, under the contract of factorage one party (commission agent) undertakes on the instructions of other party (committent) for compensation to make one or several transactions on its own behalf, but at the expense of the committent.

Thus, the rights and duties under the transaction concluded by the commission agent, arise at the commission agent, instead of at the committent, i.e. at default or inadequate execution of the contract concluded by the commission agent (in case of infringement of conditions about inadequate quality of the goods, quantity, completeness, assortment, etc.), the consumer makes the demands to the seller-commission agent. The payments made by the commission agent to buyers owing to detection of lacks of the sold goods, are charged to the committent. Though the rights and duties under the concluded transaction arise at the commission agent, the things which have arrived to the commission agent from the committent, are the property of the last (item 1 of item 996 GK the Russian Federation). Essential treaty provisions of the commission, in a case if the committent is the citizen, in an imperative order are established by commission business Rules neprodovolstvennymi [149].

As to the contract of commission retail purchase and sale in case the buyer is the individual businessman (legal body) it especially is not allocated with the legislator and is not regulated. On the basis of the spent analysis of positions of the Governmental order of the Russian Federation from June, 6th, 1998 № 569 "About the statement of Rules of commission business neprodovolstvennymi", the author of dissertation comes to conclusion, that in connection with absence in the considered Governmental order of specificity of a legal status of the consumer-citizen in comparison with the buyer - the legal body (the individual businessman) by the given kind of the contract of retail purchase and sale, and presence of a legal blank in regulation of relations of commission business neprodovolstvennymi with participation of buyers-aliens, it is necessary to extend its action and to last specified subjects under the contract of retail purchase and sale.

So, the author of dissertation it is offered to item 1 paragraph 4 st, 1 Governmental orders of the Russian Federation from June, 6th, 1998 № 569 "About the statement of Rules of commission business neprodovolstvennymi" to state in the following edition: "the legal body (the individual businessman) is understood the citizen having intention to get As the buyer, having intention to get either the getting or using goods for the purposes, ie connected with realisation of enterprise activity either getting or using goods only for the personal, family, house and other needs which have been not connected with realisation of enterprise activity, and also".

The V-ninth, the buyer as the party under the contract of retail purchase and sale. Depending on the specified treaty provision of retail purchase and sale, it is possible to allocate: the contract of retail purchase and sale with participation on the party of the buyer of the citizen-consumer (consumer retail purchase and sale) and the contract of retail purchase and sale with participation on the party of the buyer of the legal person or the individual businessman.

The carried out analysis of features of legal regulation of separate kinds of the contract of retail purchase and sale allows: to draw a conclusion that all classifications of the contract listed above the basis possess the certain specificity having following value. According to the author of dissertation, as the bases of allocation of separate kinds of the contract of retail purchase and sale the legislator uses those its conditions at which presence the certain rights and interests of the buyer are most vulnerable. It, probably, also defines necessity of special legal settlement of such kinds of the contract of retail purchase and sale.

On the basis of the spent analysis of classification of the contract of purchase and sale, the author of dissertation the conclusion that classification grazhdansko - the legal contract on types and kinds influences a structure of the legal institution of the corresponding contract becomes. So, within the limits of contractual public relations there is a typical and specific division of the contract. Classification of the civil-law contract on types and kinds is, in our opinion, as though a link between public relations and their reflexion in the legislation. In turn, existence of separate type of the contract causes existence of the legal institution of the contract. Presence of a kind of the contract predetermines existence of legal subinstitute of the contract. Presence of subspecies and other versions of the contract causes existence of more fractional structural divisions of the obligations

The conventional law, such, as groups of rules of law about separate subspecies of the contract which in a science of the name have no now.

C to the greatest degree to prove the drawn conclusion, the author of dissertation also considers rent contract classification on types and kinds, and its influence on a structure of the given legal institution [150]. So, grazhdansko - the legal contract on types and kinds on a structure of the legal institution of the corresponding contract, it is possible to illustrate considered influence of classification used in a science on an example

Classifications of the rent contract and the contract of purchase the following

2

In the image:

Table I

Influence of classification of the contract of purchase on its structure as

The legal institution

Classification

Contracts

The contract name Structure of the legal institution of the obligations conventional law
Type The contract of purchase The legal institution The legal institution of the contract of purchase and sale
Kind The contract of retail purchase and sale The legal

subipstitut

Legal subinstitute of retail purchase and sale
Subspecies The contract of retail purchase and sale on samples Group of norms about separate subspecies of the contract Group of norms about the contract

Retail purchase and sale on samples


Table 2

Influence of classification of the rent contract on its structure as legal

Institute

Classification

Contracts

The contract name Structure of the legal institution of obligations contractual customs
Type The rent contract The legal institution The rent contract legal institution
Kind The rent contract of vehicles Legal sou 0 institute The legal

Subinstitute

Rent

The transport

Means

Subspecies The rent contract tr зі ge portno go sr e d stv and without crew Group of norms about separate subspecies of the contract Group of norms about the rent contract of a vehicle without crew

Also, it is necessary to notice, that the legislator differently has in GK the Russian Federation norms about the contract of retail purchase and sale and the rent contract of vehicles. So, unlike 2 gl. 30 GK the Russian Federation (the contract of retail purchase and sale) in 3 gl. 34 GK the Russian Federation (the rent contract of vehicles) are not allocated by the legislator general provisions on it. At the same time, at the analysis of the norms regulating the rent contract of vehicles, it is simple to find out the general provisions directed by a pas regulation of its both kinds: as rent contracts of a vehicle with granting of services in management and technical operation, and rent contracts of a vehicle without granting of services in management and technical operation.

So, for both kinds of the rent contract of vehicles the written form (item 633 and item 643 GK the Russian Federation) is established; to them rules about contract renewal for uncertain term and about the right of priority of the tenant to making contract to new term (paragraph 2 of item 632 and paragraph 2 of item 642 GK the Russian Federation) are not applied; concerning both kinds of the considered contract the right of the tenant without the consent of the lessor to hand over a vehicle in the sublease (item 1 of item 638 and item 1 of item 647 GK the Russian Federation) is provided.

Most likely, the legislator of nanosecond allocates the specified norms in general provisions because of their small number. In any case, the norms regulating features any from two ENDOV of rent contract of vehicles, also will constitute in aggregate groups of rules of law about it.

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A source: Horoshavina Hope JUrevna. Legal regulation of contractual relations of retail purchase and sale. The dissertation on competition of a scientific degree of the master of laws. Kazan - 2007. 2007

More on topic 3* Kinds of the contract of the retail purchase-prodazhi*:

  1. the Chapter I. The Civil-law doctrine and the legislation on retail purchase and sale. Kinds of the contract of retail purchase and sale,
  2. 3. The form of the contract of retail purchase and sale. Features of making contract of retail purchase and sale.
  3. the Chapter II. Elements of the contract of retail purchase and sale. Especial] makings contract of retail purchase and sale.
  4. 1. The parties of the contract of retail purchase and sale.
  5. 1. Researches of the contract of retail purchase and sale in the Russian To jurisprudence.
  6. 2. The maintenance of the contract of retail purchase and sale.
  7. 2. Execution of the international contract. Structure of contractual communications and kinds of the documents which are making out execution of the international contract of purchase and sale
  8. 2. Concept and contract elements (the foreign trade contract) international purchase and sale of the goods
  9. 3. The Contract of purchase in a network the Internet
  10. Change of structure of the share capital with application of the contract of purchase
  11. 1.2. The Legal protection at purchase and sale breach of contract in the international trade right
  12. 1.3. Protection Legal regulation at purchase and sale breach of contract in the Russian Federation
  13. Horoshavina Hope JUrevna. Legal regulation of contractual relations of retail purchase and sale. The dissertation on competition of a scientific degree of the master of laws. Kazan - 2007, 2007
  14. 1.1. Protection Legal regulation at purchase and sale breach of contract in foreign countries
  15. the First chapter. The CONTRACT of the INTERNATIONAL PURCHASE AND SALE of the GOODS In SYSTEM of CIVIL LAW of the RUSSIAN FEDERATION