The main types of business contracts. General provisions on business contracts. Change and termination of business contracts

Agreement in the field entrepreneurial activity - this is an agreement concluded on a reimbursable basis for the purpose of carrying out entrepreneurial activities, the parties (or one of the parties) of which act as business entities.

Business contracts are subject to special rules on obligations related to the implementation of entrepreneurial activities, as well as general provisions on obligations.

An entrepreneurial agreement is concluded for the purpose of carrying out entrepreneurial activities by its parties (parties).

The obligations of a party that has entered into an agreement with an entrepreneur and does not pursue the goal of carrying out entrepreneurial activities are subject to the general rules of civil law.

Parties (or one of the parties) of business agreements are business entities.

At the same time, a citizen carrying out entrepreneurial activity without state registration, shall not have the right to refer, in relation to the transactions concluded by him, to the fact that he is not an entrepreneur. The court may apply to such transactions the rules on obligations associated with the implementation of entrepreneurial activities.

Contracts between business entities that are commercial legal entities are assumed to be entrepreneurial.

Agreements concluded with the participation non-profit organizations, are classified as entrepreneurial, depending on the goals they pursue, acting as a party to the relevant agreements.

Entrepreneurial contracts are of a reimbursable nature: the party to the contract must receive a fee or other consideration for the performance of the contract.

The legislation contains a fundamental ban on the conclusion of gratuitous contracts between business entities. In fact, a number of gratuitous contracts are concluded between entrepreneurs. The law provides for a ban only on the transfer of property by a commercial organization for free use to a person who is its founder, participant, head, member of its management or control bodies (Clause 2, Article 690 of the Civil Code of the Russian Federation). In other cases, the special rule of paragraph 2 of Art. 690 of the Civil Code of the Russian Federation does not prohibit the conclusion of contracts for gratuitous use between business entities.

A public contract is a contract concluded by a commercial organization and establishing its obligations to sell goods, perform work or provide services that such an organization, by the nature of its activities, must carry out in relation to everyone who applies to it (clause 1, article 426 of the Civil Code of the Russian Federation).

Economic entities that occupy a dominant position in the market of a certain product are prohibited from refusing to conclude an agreement with consumers (buyers, customers) if it is possible to produce or supply this product. A similar rule also applies to the conclusion of public contracts.

Apply to business contracts General requirements on the conclusion, amendment and termination of contracts, provided for in the norms of civil law. There are also features of the conclusion of business contracts.

Business contracts for the sale (realization) of goods include a contract of sale, including a contract for the supply of goods, a contract for the supply of goods for state needs, a contracting agreement, an energy supply agreement, an enterprise sale agreement, as well as a retail sale and purchase agreement, an energy supply agreement, etc.

Entrepreneurial contracts for the sale of goods are extremely important for entrepreneurial turnover, since a developed civilized trading activity is the basis of full-fledged entrepreneurship, stimulating production, intermediary and other types of entrepreneurial activity.

Among the business contracts for the transfer of property for use, first of all, it is necessary to include various types of lease agreements, since, on the one hand, the provision of property for temporary possession and use allows the lessor to receive entrepreneurial income (profit). On the other hand, for the effective implementation of their activities by entrepreneurs, in some cases it is more economically advantageous for them not to acquire property, but to rent it and use it for their activities.

Entrepreneurial contracts for the performance (production) of work are primarily various types of work contracts - a construction contract, a contract for design and survey work, government contract for the performance of contract work for state needs, a household contract, etc.

Business contracts for the provision of services are of great importance in entrepreneurial activity. The provision of services is essential in business turnover. In this regard, a significant number of contractual obligations in entrepreneurship are associated with the provision of services that both entrepreneurs themselves and persons who are not related to them may need. Unlike works, services do not receive a reified expression that is distinct from the activity itself in which they are expressed. The legislation provides for the possibility of providing various kinds services under the following contracts: paid services, commercial representation, commission, agency, transportation, forwarding, insurance, trust management of property, storage, etc.

Contracts concluded exclusively between entrepreneurs include contracts: supply of goods for business purposes, contracting, commercial concession, financial lease (leasing), warehousing, insurance of business risks and a simple partnership agreement concluded for the implementation of entrepreneurial activities, as well as other agreements to which business entities are parties.

A contract for the supply of goods, under which the supplier-seller, who carries out entrepreneurial activities, undertakes to transfer, within a specified period or terms, the goods produced or purchased by him to the buyer for use in entrepreneurial activities or for other purposes not related to personal, family, household and other similar use (Article 506 of the Civil Code of the Russian Federation).

The Civil Code of Russia establishes the following features of a supply contract, which make it possible to distinguish it from a contract of sale:

  • 1) special legal status the seller and the buyer, who must act as business entities;
  • 2) the purpose of acquiring goods under a supply contract is to use them in business activities or for other purposes not related to personal, family, household and other similar use (for industrial processing, for subsequent sale, etc.).

The parties to this agreement are the seller - the manufacturer of agricultural products and the buyer - the purveyor of these products.

Agricultural commercial organizations act as seller-manufacturers: business companies and partnerships, production cooperatives, peasant (farm) enterprises engaged in entrepreneurial activities for the production (growing) of agricultural products.

The buyer-purchaser may be a commercial organization or an individual entrepreneur engaged in entrepreneurial activities for the acquisition (purchase) of agricultural products for their subsequent processing or sale. Unlike a supply contract, under a contracting contract the seller is obliged to produce (grow) agricultural products in order to sell them to the buyer (producer).

Economic and property relations, which arise with the acquisition of an object in the property and then renting it for a certain fee for temporary use - this is a process called leasing. If the payment is full, and the term of use is approximately equal to the terms of depreciation and operation of most or all of the property in full, then this is a financial lease. The landlord is returned at the expense of payments not only the entire cost, but also the profit from the transaction. Financial leasing most often obliges the recipient to take out insurance and Maintenance property. This species is the most popular and widespread throughout, as it has many different forms to choose from.

Any movable and immovable, except for those prohibited in free circulation on the market, property may be the object of leasing. This may be a financial lease of an enterprise, equipment or a lease of real estate. The latter has a high cost, is difficult to implement, has a long preparation time for the entire process, and therefore is unlikely to ever be widely used in our country. However, in foreign practice it is the first type, which concerns equipment, that collects the main lease payments.

The subjects in a leasing transaction are, as mentioned above, only three instances: the owner (lessor), user (lessee) and the seller of equipment (property). What is a lessor? Most often, this is a legal entity that carries out leasing activities, that is, transfers, on a contractual basis, specially acquired property for this purpose. Also, a lessor can be an individual citizen, a registered individual entrepreneur without legal entity.

A legal entity can be both banks and other institutions dealing with loans, if their charter provides for leasing activities, which is provided for by the Law on Financial Leasing Russian Federation. Also, leasing companies act as legal entities, which either specialize purely in financing transactions (that is, payment for property), or universal ones.

The latter are not only financing, but also capable of providing all kinds of Additional services to support the leasing operation - training, consultations, maintenance and so on. Any company whose constituent documents provide for leasing activities can also act as a legal entity, if it has sufficient finances.

Two main types of leasing are recognized all over the world - financial and operational. They differ only in terms of the scope of the obligations of the lessor and the terms of use of the equipment. Operational leasing, according to the name, has more short time its actions than the service life of property or equipment under the norms, and lease payments do not fully cover the cost of equipment or other property. The lessor therefore leases it more than once, so as not to increase the risk of recovering the value of the object in the balance. Therefore, lease payments equal conditions are higher than with financial leasing.

The second type of leasing - financial - involves the full payment of the value of the property, and the period of temporary use is close in duration to the depreciation and operation of the object as a whole or most of it. Upon the expiration of the contract, leasing settlements fully return the value of the property to the lessor plus the profit from the leasing transaction itself. According to the volume of servicing the property involved in leasing, the process can be divided into the following types of leasing.

  • · If the tenant undertakes all the maintenance of the property, such a relationship is called a net lease. Equipment maintenance costs are not included in lease payments. This type is more typical for financial leasing.
  • · "Wet" leasing - if the lessor is obliged to carry out maintenance, repair of equipment, its insurance and many other operations. Also, financial lease implies marketing, training of qualified specialists, other personnel, supply of raw materials, advertising finished products and much more. The lessor, if it is prescribed in the terms of the transaction, may assume such obligations. "Wet" leasing is typical for its operational form.

A commercial concession agreement is an agreement under which one party (right holder) undertakes to grant the other party (user) for a fee for a period or without specifying a period of time the right to use in business activities a set of exclusive rights belonging to the right holder, including the right to a trade name and (or ) commercial designation of the copyright holder, for the protected commercial information, as well as other objects of exclusive rights provided for by the agreement - a trademark, a service mark, etc. (Article 1027 of the Civil Code of the Russian Federation).

A concession is an agreement between the state and a private national or foreign company or monopoly. The subject of the agreement is the transfer from the state of enterprises or plots of land for construction, mining and other activities.

The purpose of the concession is the development of natural resources, the development or restoration of the economy in the country.

There are the following main objects of the concession:

  • 1. Design, construction, operation. The subject of the agreement is the construction of the facility, its operation and the use of the building by the concessionaire.
  • 2. Operation, design, construction. The subject of the contract is a functioning object. Expansion, reconstruction or refurbishment is taking place.

The first concession option is implemented for large investment projects: construction of tunnels, bridges, roads. The second scheme is used in the energy, utilities and social sectors.

Parties to the commercial concession agreement:

  • · The concessor is the state. The government or an authorized body acts on its behalf executive power, a subject of a country or a municipality.
  • Concessionaire - national or foreign company, individual entrepreneur, party with a partnership agreement.

Objects of the agreement - property in the composition of ownership:

  • transport infrastructure - roads, tunnels, parking lots, vehicle checkpoints;
  • railway lines of communication;
  • · river and sea ports, hydraulic structures, ships of various types;
  • airfields, industrial and engineering infrastructure of airports;
  • thermal power plants;
  • · public utilities;
  • healthcare facilities.

The concession agreement is regulated by Chapter 54 of the Civil Code of the Russian Federation. Since January 1, 2008, the form has been applied in new edition: by agreement, the copyright holder transfers the user to use a combination of exclusive rights in their activities. The subject matter of the contract is provided for a fee for a fixed period or without an effective date.

The concession agreement has characteristics:

  • parties to the contract - persons with the right to conduct entrepreneurial activities: individual entrepreneurs or commercial companies;
  • · an obligatory element of the subject of the agreement -- the provision of exclusive rights for use without their assignment;
  • · the right holder provides the user with advisory and technical assistance, the concessionaire complies with the concessor's instructions;
  • · the legal independence of the user is preserved, the entrepreneur acts on his own behalf, but informs the consumer that the rights of the concessor are being used.

The contract is a consensual, bilaterally binding reimbursable agreement.

A concession is an analogue of the franchising institution. The Civil Code of the Russian Federation does not use the concept of "commercial concession". Legislation and lawyers use the term "concession agreement".

A concession is the signing of an agreement by such parties: the copyright holder and the user. Article 1027, paragraph 3 of the Civil Code of the Russian Federation regulates that the participants are commercial enterprises and individual entrepreneurs.

Subject of the contract. Exclusive rights including service mark and commodity brand, commercial designations and secrets production activities(know-how).

Exclusive rights are divided into two groups - those that must be transferred by agreement and those that can either be transferred to use or remain with the copyright holder.

Price and term of the contract . The remuneration to the concessor is paid by the user in fixed, periodic payments or in another form prescribed in the agreement. A percentage of revenue, margins on wholesale goods is deducted (Article 1030 of the Civil Code of the Russian Federation).

The issue of price is decided by the parties. The article of the Civil Code of the Russian Federation does not stipulate and does not provide for the consequences of cases where the value of the agreement is not determined.

The date of validity of the agreement is set or not applied by the participants (Article 1027, paragraph 1 of the Civil Code of the Russian Federation).

A concession is an agreement that includes the rights and responsibilities of the parties. The right holder is obliged:

  • · to transfer to the user documentation on technical and commercial parts;
  • · brief the concessionaire and its employees on issues related to the use of rights;
  • carry out state registration of the contract, if it is prescribed in the agreement;
  • provide assistance to the user;
  • · control the quality of services, goods produced by the user.

The right holder has the right to set the selling price of products or to set the upper and lower redistribution.

User Responsibilities:

  • use the exclusive rights specified in the agreement in the manner specified in the agreement;
  • follow the instructions, instructions of the copyright holder, aimed at ensuring the methods and conditions for using the product brand, service mark;
  • · not to disclose the production secrets of the concessor;
  • · convey information to the consumer that the concessionaire uses the brand, service mark of the copyright holder;
  • provide the consumer with services that the buyer could count on by ordering goods directly from the concessor.

The user has the right to grant exclusive rights under a subconcession agreement, on terms agreed with the copyright holder.

Each of the parties has the right to withdraw from the contract by notifying the other party six months in advance. The contract is terminated in the event of a unilateral refusal of the concessionaire, if the quality mark or trademark of the right holder has changed.

The bankruptcy of one of the participants, the death of the concessor, if a legal entity or individual entrepreneur has not entered into inheritance rights, are the grounds for terminating the contract.

A concession is one of the forms of a public-private partnership agreement with mandatory registration of the agreement. The contract is a multi-factorial tool oriented to solve current problems in certain areas of the economy.

Under a simple partnership agreement, two or more persons (partners) undertake to combine their contributions and act jointly without forming a legal entity.

24.4. Types of contracts in the field of entrepreneurial activity

Classification of business contracts can be carried out on various grounds.

Business contracts for the sale (realization) of goods include a contract of sale, including a contract for the supply of goods, a contract for the supply of goods for state needs, a contracting agreement, an energy supply contract, an enterprise sale contract, as well as a retail sale contract, an energy supply contract, etc.

Entrepreneurial contracts for the sale of goods are extremely important for entrepreneurial turnover, since a developed civilized trading activity is the basis of a full-fledged entrepreneurship that stimulates production, intermediary and other types of entrepreneurial activity.

Among the business contracts for the transfer of property for use, first of all, it is necessary to include various types of lease agreements, since, on the one hand, the provision of property for temporary possession and use allows the lessor to receive entrepreneurial income (profit). On the other hand, for the effective implementation of their activities by entrepreneurs, in some cases it is more economically advantageous for them not to acquire property, but to rent it and use it for their activities. For example, commercial enterprise, expanding the volume of sales of its goods, may need additional warehouse and office space, etc.

In this regard, the most typical for entrepreneurial activity are a lease agreement for an enterprise, a financial lease (leasing) agreement, and a rental agreement.

Entrepreneurial contracts for the performance (production) of work are, first of all, various types of work contracts - a construction contract, a contract for the performance of design and survey work, a state contract for the performance of contract work for state needs, a household contract, etc.

Business contracts for the provision of services are of great importance in entrepreneurial activity. The provision of services is essential in business turnover. In this regard, a significant number of contractual obligations in entrepreneurship are associated with the provision of services that both entrepreneurs themselves and persons who are not related to them may need. Unlike works, services do not receive a materialized expression that is different from the activity in which they are expressed. Legislation provides for the possibility of providing various types of services under the following contracts: paid services, commercial representation, commission, agency, transportation, forwarding, insurance, trust management property, storage, etc.

According to the subject composition of the parties, contracts are distinguished, all parties to which are entrepreneurs and in which an entrepreneur acts as one of the parties.

Contracts in which one party acts as an entrepreneur are contracts of retail sale, rental, bank deposit and bank account, loan agreement, contracts for energy supply, transportation of goods, transport expedition, construction contract, agency agreement and many others.

Contracts concluded exclusively between entrepreneurs include contracts for the supply of goods for business purposes, contracting, commercial concession, financial lease (leasing), warehousing, business risk insurance, and a simple partnership agreement concluded for business activities, as well as other contracts, the parties to which are business entities.

A contract for the supply of goods, under which the supplier-seller, engaged in entrepreneurial activities, undertakes to transfer, within a specified period or terms, the goods produced or purchased by him to the buyer for use in entrepreneurial activities or for other purposes not related to personal, family, household and other similar use ( article 506 of the Civil Code of the Russian Federation).

The Civil Code of the Russian Federation establishes the following features of a supply agreement, which make it possible to distinguish it from other types of a sale and purchase agreement:

1) a special legal status of the seller and the buyer, who must act as business entities;

2) the purpose of acquiring goods under a supply contract is to use it for business purposes or for other purposes not related to personal, family, household or other similar use (for industrial processing, for subsequent sale, etc.).

A contracting agreement is a special type of agreement for the sale of goods concluded between business entities.

Under a contracting agreement, the producer of agricultural products undertakes to transfer the agricultural products grown (produced) by him to the procurer - the person who purchases such products for processing or sale (Article 535 of the Civil Code of the Russian Federation).

The parties to this agreement are the seller - the manufacturer of agricultural products and the buyer - the purveyor of these products.

Agricultural commercial organizations act as seller-manufacturers: economic societies and partnerships, production cooperatives, peasant (farm) enterprises engaged in entrepreneurial activities for the production (growing) of agricultural products.

The buyer-producer may be a commercial organization or an individual entrepreneur engaged in entrepreneurial activities for the acquisition (purchase) of agricultural products for their subsequent processing or sale (for example, dairies, meat processing plants, wool processing factories, enterprises wholesale trade in the field of consumer cooperation, etc.).

Unlike a supply contract, under a contracting contract the seller is obliged to produce (grow) agricultural products in order to sell them to the buyer (producer).

A financial lease agreement (leasing) is an agreement between the parties, under which the lessor undertakes to acquire ownership of the property specified by the lessee from the seller specified by him and provide the lessee with this property for a fee for temporary possession and use for business purposes. In this case, the lessor is not responsible for the choice of the subject of lease and the seller (Article 665 of the Civil Code of the Russian Federation).

The subject of a financial lease may be any non-consumable items used for business activities, except land plots and other natural objects. Based on this, a leasing agreement is concluded only for an entrepreneurial purpose and, accordingly, between business entities.

Lessors (lessors) are leasing companies created by various structures: manufacturers of machinery and equipment, banks, etc. Leasing companies (firms) are commercial organizations (residents of the Russian Federation or non-residents of the Russian Federation) that perform, in accordance with their founding documents functions of lessors and those who have received permits (licenses) to carry out leasing activities in accordance with the procedure established by the legislation of the Russian Federation (Article 5 of the Law on Leasing).

A commercial concession agreement is an agreement under which one party (right holder) undertakes to grant the other party (user) for a fee for a period or without a specified period the right to use in business activities a set of exclusive rights belonging to the right holder, including the right to a trade name and (or ) the commercial designation of the right holder, for protected commercial information, as well as for other objects of exclusive rights provided for by the agreement - a trademark, a service mark, etc. (Article 1027 of the Civil Code of the Russian Federation).

Only commercial organizations and individual entrepreneurs can be parties to a commercial concession agreement.

Under a simple partnership agreement, two or more persons (partners) undertake to combine their contributions and act jointly without forming a legal entity to make a profit or achieve another goal that does not contradict the law (1041 of the Civil Code of the Russian Federation).

The subject matter of a simple partnership agreement is Team work comrades in order to achieve the goal specified in the contract.

The parties to the agreement can be commercial organizations and individual entrepreneurs. Simple partnership agreements are, as a rule, multilateral.

A warehousing agreement is an agreement by virtue of which a warehouse (custodian) undertakes to store goods for a fee. Transferred to him by the goods owner (bailor), and return these goods in safety (Article 907 of the Civil Code of the Russian Federation).

A commodity warehouse is an organization that carries out storage of goods as an entrepreneurial activity and provides services related to storage.

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Contents of the contract constitute the obligations of the parties to somehow deliver the goods, lease the premises, pay the rent. If there is not a single obligation of the participants in the document - the contract, then there will be no contract itself. Contract and obligation are related to each other as cause and effect. The contract is the cause, and the obligation is the effect.

According to Art. 432 of the Civil Code of the Russian Federation to essential conditions include the conditions on the subject of the contract, the conditions specified in the law and the conditions regarding which, at the request of one of the parties, an agreement should be reached on the subject of the contract. The essential conditions include: payment and shipping details (delivery agreement), quantity of goods, product quality, price of goods, delivery time.

1. Depending on the distribution of rights and obligations, business contracts are distinguished as one, two and multilateral.

In a unilateral contract, one of the counterparties has only the right, and the other only the obligation. For example, a loan agreement - the borrower is obliged to repay the debt, and the lender - has the right to demand payment of the debt.

In a bilateral agreement, both counterparties are endowed with rights and obligations. The vast majority of bilateral transactions are made by entrepreneurs at the present time. For example, under a contract of sale, the seller undertakes to transfer the thing to the ownership of the buyer, but has the right to demand payment of the price, and the buyer is obliged to pay the price for the transferred property, but has the right to demand the transfer of the corresponding thing.

In multilateral transactions, the agreement of three or more parties is necessary for the transaction to take place. For example, a simple partnership agreement (an agreement on joint activities).

2. Depending on the moment with which their conclusion is associated, contracts are real and consensual.

A real contract is a contract, for the conclusion of which it is not enough to reach one agreement, but the transfer of property, money is required. For example, a loan agreement is a real agreement. It will be considered concluded only when the lender transfers the money to the borrower, i.e. rights and obligations arise at the moment of transfer of property, money.

A consensual agreement is an agreement concluded at the time of reaching an agreement. The rights and obligations of the parties arise at the time of reaching an agreement.

In order to determine the type of contract, it is necessary to analyze the concept of the contract itself, formulated in the law. For example, in the contract of sale (Article 454) it is said that “under the contract of sale, one party undertakes to transfer property to the ownership of the other party”, i.e. transfer property under an existing contract, so the contract of sale will be consensual. Separate contracts can be both real and consensual (storage contract) at the same time.


3. Public, non-public contract (426 of the Civil Code of the Russian Federation).

public contract contract, h concluded by a commercial organization and establishing its obligations to sell goods, perform work and provide services that such a commercial organization, by the nature of its activities, must carry out in relation to everyone who applies to it: medical services, transportation, hotel services, transportation of goods and others

The organization has no right to give preference to one person over another, has no right to refuse to conclude an agreement with consumers. The price and other terms of the contract must be the same for all consumers. The contract may directly indicate its publicity (contract of carriage), or it may not be indicated, in which case publicity is determined based on the specifics of the contract. In short, an organization carrying out a specific type of activity must conclude an agreement with everyone who applies to it.

4. Agreement in favor of a third party (Article 430 of the Civil Code).

This agreement widely used in business (insurance contracts, contracts for the carriage of goods). In accordance with this agreement, the debtor is obliged to perform the execution under the agreement not to the person with whom the agreement was concluded, but to another person who did not take part in the conclusion of the agreement, but who was indicated by the counterparty in the text of the agreement. This third party may not even be aware of this fact, but when it is notified, it is not possible to change the contract. Not only rights, but also obligations are transferred to a third party.

The difference between such an agreement and an assignment agreement (assignment of the requirements of Article 382 of the Civil Code) is that the third party does not take part in the conclusion or termination of the agreement, it has the right to either agree or disagree with the proposal.

5. Accession agreement (428 GK).

The terms of the accession agreement are determined by one party in forms or standard forms and can be accepted by the other party only by joining the proposed agreement as a whole. The essence of the contract is that one party, which dominates the economic turnover, determines the terms of the contract, and the other, the weaker party, is forced to accept the terms of the contract without discussion. Weak side can be put in such conditions when it is simply forced to conclude such an agreement.

The problem of accession agreements has long been studied by Western lawyers, who admit that in accession agreements there is no possibility of negotiating and discussing a contract, and freedom of contract and autonomy of will have become a mere fetish.

6. Conclusion of an agreement at auction (Article 447-449 of the Civil Code).

An agreement in the field of entrepreneurship can be concluded by bidding. These rules apply in cases statutory when contracts can only be concluded through bidding, for example, the sale of an enterprise or its property in bankruptcy. The contract is concluded with the person who won the auction. Bidding is held in the form of an auction or competition, which may be closed or open. Participants make a deposit in the amount, terms and manner specified in the notice. If the auction did not take place or the persons who did not win the auction, the deposit is returned. In the auction, the winner is the person who offered the highest price, and according to the competition, the person who offers the best conditions.

7. Classification according to the content of the contract.

Depending on the content, contracts are divided into: contracts of sale, exchange, lease, contract, etc. The type of contract to be concluded is indicated in the text of the contract. If the content of the contract does not correspond to its title, then such rules of law are applied that regulate the type of contract, based on its content.

8. Types of business contracts on the subject of the agreement of the parties.

Intermediary activity- the activity of one person (intermediary) in the interests of another person to perform actual and legal actions on his own behalf or on behalf of the represented. The main feature of intermediary services is the obligatory participation of an intermediary to establish legal relations between participants in commercial activities.

Intermediary agreements: contracts of commission (Chapter 49), commissions (Chapter 51 of the Civil Code), trust management of property (Chapter 53 of the Civil Code), transport expedition (Chapter 41 of the Civil Code).

Investment activities. Investments - tangible and intangible benefits, about which relations arise in the process of implementation and organization of investment activities in order to obtain the greatest profit.

Investment contracts are a collective concept. Investment activity can be determined by contracts of sale (Chapter 30 paragraph 1), leasing (Chapter 34 paragraph 6), contract (Chapter 37), simple partnership (Chapter 55 of the Civil Code).

Sale of goods- the transfer of goods by one person into the ownership of another. If trade relations arise between commercial organizations and individual entrepreneurs engaged in entrepreneurial activities, then such contracts are entrepreneurial.

An example of sales contracts is a retail sale contract (Chapter 30 paragraph 2), a supply contract (Chapter 30 paragraph 3), an energy supply contract (Chapter 30 paragraph 6), a contract for the sale of real estate (Chapter 30 paragraph 7).

Transport activity - activities to provide a specific type of service, the essence of which is the movement of goods, passengers, luggage in space.

An example of contracts - contracts for the carriage of goods (Chapter 40 of the Civil Code), transportation of passengers, transport expedition (Chapter 41 of the Civil Code) .

Banking - the activities of credit organizations that, in order to make a profit, as the main goal of their activities, on the basis of a license, have the right to carry out banking operations.

An example of contracts is a loan and credit agreement (Chapter 42 of the Civil Code), a bank deposit agreement (Chapter 44 of the Civil Code), a financing agreement against the assignment of a monetary claim (Chapter 43 of the Civil Code).

Activities for the production of works (in a row)- activities of a person (contractor) aimed at manufacturing or processing a thing, the result of which is subject to transfer to another person (customer). A contract is always aimed at achieving a certain result. The materialized result of labor is separable from the activity itself and is subject to transfer to the customer, since the customer is interested in the material result of the work. If the activity for the production of work is aimed at making a profit, then it is entrepreneurial, for example, a construction contract (Chapter 30 paragraph 3).

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