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§ 2. Concept and contract elements (the foreign trade contract) international purchase and sale of the goods

The contract of purchase of the goods in the is material-material form of the uniform document is called as the contract. The foreign trade contract - the contract fixing commercial relations between stoyoronami, being subjects of various citizenship.

Participants of the contract

1 Sm of Mosquitoes of A.Pravovye of the form of counter commercial transactions//External torgovyolja. - 1994. № 1 - From 31-34.

*ВВАС—1992 — № 1.


The parties of the contract of the international purchase and sale are prodayovets and the buyer. According to KMKPT «them are commercial predpriyojatija which are in the different states». According to item 1, 2 items 50 GK the Russian Federation «the commercial organisations - the legal bodies pursuing extraction of profit as a main objective of the activity», «juriyodicheskie the persons who are the commercial organisations, can sozdayovatsja in the form of economic associations and societies, industrial kooyoperativov, the state and municipal unitary enterprises» 1. As the party the citizen-businessman without formation of the legal person can act also. According to item item 3 23 GK the Russian Federations to predyoprinimatelskoj the activity of citizens which is carried out without formation of the legal person, accordingly are applied rules of present KoYOdeksa which regulate activity of the legal bodies who are the commercial organisations if other does not follow from the law, others prayovovyh certificates or a legal relation being.

Hence the commercial enterprises and citizens businessmen without formation of the legal person will be the parties of the transaction of purchase and sale.

Item 10 KMKPT specifies:

If the party has more than one commercial enterprise its commercial enterprise considers what with the account obstojayotelstv, known to the parties or assumed by them at any time to or at the moment of making contract, has most a close connection with dogovoyorom and its execution;

If the party has no commercial enterprise, prinimayoetsja in attention its constant residence

1 Sm. The Legal status of the commercial organisation the Educational and scientifically-practical grant / Under the editorship of JU And Tikhomirov - M, 2001.

Participants of the contract of the international purchase and sale are subekyotami the international economic relations. Relations between partneyorami from the different countries, it mainly to communication at level of the private concerns, the separate businessmen, constituting bearing basis mirohozjajstyovennyh contacts at necessary freedom of choice.

Practically for the majority of the countries with market economy it oznayochaet, that is not required to subjects of economic activities what or usyolovy and permissions to foreign trade activities conducting, for them are not present a basic difference between internal and external рынком1.

As subjects of the international economic relations (in the broad sense of the word) in many cases the state structures act: directly governmental and other state bodies razyolichnyh levels (central, regional, municipal), and as goyosudarstvennye the enterprises and организации2.

Such variants of the state participation are various:

Direct realisation of operations by the central ministries and departments;

Regional and municipal controls, including target purchases and production sales on a foreign market;

Granting of powers to the separate enterprises, firms, commercial and bank structures, on realisation of concrete operations, fulfilment of those ili.inyh the external economic transactions.

1 Sm: Zykin I.S.external economic of the relation: the theory and legal regulation practice//avtoref diss. dokt. JUrid. Sciences - M, legislation and comparative jurisprudence Institute at the Supreme body of Dews of Federation, 1992 - With. 19; Titov JU.V.legal mechanism of realisation of export-import transactions with participation of the Russian trading organisations//avtoref diss.... kand. jurid Sciences - M of the Moscow State University it V.Lomonosova's M, 1995.-with. 13.

2 «foreign trade activities of the state and foreign trade activities of private subjects of law, - write ML". Sulejmanoe, - nayostolko various and diverse things from the legal point of view that there is no big sense to consolidate them in one any complex formation »(Sulejmanov M. K See. The foreign trade activities right in the legal system - With 128)


And at last, in a role of subjects international economic otnosheyony the international organisations, in particular United Nations systems act, especially by granting financially credit aid. Scale activity in sphere of the international economic relations osushchestvyoljaetsja as transnational corporations and international obeyolinenijami.

Unlike the majority of interstate transactions of purchase and sale in case of sale of the goods for limits of the country the seller-exporter and the buyer-importer, probably had no affairs with each other earlier, or knew nothing about each other or national legal system each other. The seller does not know:

Whether the buyer is solvent and whether is worthy trust;

Whether the information received on these questions from colleagues is reliable

The buyer;

Whether exchange control will prevent transfer of payments (osobenyono if they in "firm" currency);

The risk of converting is how much great if to allow to pay in vayoljute the buyer;

What delays can occur at reception besprepjatstvenyonyh payments from the buyer.

On the other hand, the buyer does not know:

Whether it is possible to rely that the seller will ship the goods in sluyochae advance payments;

Whether there will be a quantity and quality of the shipped goods sootvetstyovovat to treaty provisions;

Whether will carry out transportation of the goods corresponding peyorevozchik with appropriate insurance;

Whether the goods will be damaged during transportation. If the parties are not familiar with each other these risks are sushcheyostvennymi, probably, insuperable. As the buyer and the seller are in different places they cannot simultaneously exchange the goods for money without participation of the third parties.

The third parties involved as intermediaries are banks (at least one in the country of the buyer, and the second bank usually in the country proyodavtsa) and at least one carrier.

The conclusion of the documentary transaction of purchase and sale with ispolzovayoniem the letter of credit shows, as it is possible to transfer these potentially large risks on the third parties which have special knowledge and poyoetomu can minimise risks of this сделки1.

Thus, the participating parties it:

1. The buyer who is called also as the client.

2. Bank of the buyer.

3. The seller.

4. Bank with branch in the country of the seller.

5. At least one carrier.

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A source: UGRIN Timothy Stepanovich. the CONTRACT of the INTERNATIONAL PURCHASE AND SALE of the GOODS. The DISSERTATION on competition of a scientific degree of the master of laws. Moscow -. 2002

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  3. the First chapter. The CONTRACT of the INTERNATIONAL PURCHASE AND SALE of the GOODS In SYSTEM of CIVIL LAW of the RUSSIAN FEDERATION
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  8. Bessolitsyn Dmitry Aleksandrovich. the LEGAL PROTECTION In case of BREACH OF CONTRACT of the INTERNATIONAL PURCHASE AND SALE of the GOODS. The DISSERTATION ON COMPETITION of the SCIENTIFIC DEGREE of the MASTER OF LAWS. St.-Petersburg -,
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