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ž2.3. A parity of the rights of agents and duties of the principal by the right of Scotland

As well as in a case with the agent, the principal has a general duty of conscientiousness in relation to the agent according to Regulations conditions about commercial agents of 1993. Duties of the principal are fixed similar to positions about duties of the agent in the way, namely positions about a duty of the principal contain not exhaustive list.

The principal should give to the commercial agent the necessary documentation, concerning the corresponding goods, [246] and to receive for the commercial agent all information necessary for execution of a contract. [247] besides, the principal should notify the commercial agent in reasonable term if it is expected, that the volume of commercial transactions will be much less, than the agent could expect. [248] principal should inform the commercial agent in reasonable term, he approves or not the contract, which agent concludes on behalf of the principal and about all defaults by the principal of the contract, prisoners from his name the commercial agent. [249]

The brokerage contract usually contains directly expressed right to compensation (express right for remuneration). Compensation of the agent can pay off proceeding from the commission from cost of purchase and sale of the goods which has been organised by it. If in the contract there are no the positions regulating the given question the disputable presumption (rebuttable presumption) will be, that compensation for work is means of existence of the agent. [250] if the agent is not the professional, compensation can be calculated on the basis of a principle quantum meruit, namely fair compensation for the performed work. [251]

The common law on the commission is directly fixed in the brokerage contract. If such right is absent, can be not so simply to define interpretation of positions of the contract. [252] under the general rule the right of the agent to the commission arises, if the contract is caused by actions of the agent or

There is a considerable contribution to the contract from the agent. [253] principal also can be obliged not to undertake action for deprivation of the agent of the commission, for example, to conclude the contract with the third party, obviously avoiding payment of the commission to the agent. [254]

The regulations of 1993 fix the right of the agent to compensation even if in the contract it directly is not provided. The commercial agent has the right to compensation according to that the commercial agents hired for realisation of activity concerning the goods who are a subject of its brokerage contract, usually receive for such actions. [255] if such usual practice does not exist, the agent has the right to reasonable compensation, considering all aspects of the contract. [256]

The agent has the right to compensation by the principal of expenses which it has incurred within the limits of appropriate execution of the brokerage contract. [257] in case of inadequate execution of a contract, the agent will not have the right to the reimbursement. The agent also has the right to clearing of obligations which it has got as a result of appropriate execution of the brokerage contract. [258] it is similar to a situation with the reimbursement, the right of clearing of obligations will be lost in case the agent operated not according to brokerage contract positions, for example, if he has not informed the significant information to the principal. [259]

The agent has a pledge right (lien) or deduction of the goods belonging to the principal, in its possession (retain the goods) as maintenance of payment to the agent of the commission or compensation. Pledge can be the general or special (general or special lien).260 General pledge means the right of retention of the things belonging to the principal, without dependence from, whether are the concrete goods a contract subject in which frameworks maintenance is necessary. Special pledge limits the right of retention only to the right of retention of things which are a subject of the concrete contract in which frameworks maintenance is required.

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A source: Afanaseva Taisija Aleksandrovna. LEGAL REGULATION OF RELATIONS OF THE TRADING TURN In Scotland. The dissertation on competition of degree of the master of laws. Moscow, 2017. 2017

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