Article | Intermediary Agreements as a Regulator of Trade Relations |
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Authors |
VIKTORIIA RIEZNIKOVA
Doctor of Law, Professor, Head of the Department of Business Law and Business Process Institute of Law, Taras Shevchenko National University of Kyiv (Kyiv, Ukraine) ORCID ID: https: //orcid.or/0000-0003-0149-0710 Researcher ID: http://www.researcherid.com/rid/O-4799-2018 reznikova.vv78@gmail.com
IRYNA KRAVETS
PhD (Law), Associate Professor, Associate Professor of the Economic Law and the Economic Procedural Law Department Institute of Law Taras Shevchenko National University of Kyiv (Kyiv, Ukraine) ORCID ID: https://orcid.or/0000-0002-7523-5045 Researcher ID: http://www.researcherid.com/rid/O-3908-2018 ikravets104@gmail.com
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 5 / 2022 |
Pages | 66 - 80 |
Annotation | Trade is one of the most common types of economic activity in Ukraine, even now under the martial law in our country, trade remains a priority area of the economy. The producer of goods can either sell them himself or attract intermediaries for marketing activities. By attracting trade intermediaries, their knowledge, skills, ability to best offer goods to the market the manufacturer gets more benefits than by carrying out sales activities alone. The services of trade intermediaries can also be used by sellers (suppliers) of goods, as well as, if necessary, by buyers. Such economic entities as distributors and dealers not being intermediaries in the legal framework, as they are parties to the contract on their own behalf and at their own expense, however, from an economic point of view distributor and dealer activity is intermediary, are also important for the promotion of goods on the market. The essential role of intermediary agreements in trade relations regulation, their fragmentary legal and regulatory framework, in particular, innominate contracts that have intermediary activities, and insufficient topic coverage in the scientific papers determine the relevance of the chosen research problem. The purpose of the article is to formulate the concept of “intermediary agreement in trade”, to clarify the legal framework and highlight the features of intermediary agreements in trade and innominate contracts that have an intermediary nature. In trade, “classic” Intermediary Services Agreements (Power of Attorney Agreement, Commission Sales Agreement and Agency Agreement) are concluded, innominate contracts that have an intermediary nature (Distributor Agreement, Dealership Agreement) are also singled out. The study substantiates that the content of the intermediary agreement in trade is the activity of the intermediary to provide relevant services to the customer, including the conclusion of trade agreements (supply, sale, contracting of agricultural products, mines (barter)). The purpose is to ensure the interests of one party (the Customer) by the actions of the other party (the Intermediary). The subject specifics of intermediary agreements in trade have been analyzed. The article examines the legal framework of innominate contracts that have an intermediary nature (Distributor Agreement, Dealership Agreement). The concept of “intermediary agreement in trade” is defined, the features of intermediary agreements in trade and innominate contracts, which have an intermediary nature, are singled out.
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Keywords | intermediary services agreement; power of attorney agreement; commission sales agreement; agency agreement; distributor agreement; dealership agreement |
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