LEGAL REGULATION OF AN AGENCY AGREEMENT
Keywords:
agent, agent agreement, agency contract, principal, contract of commissionAbstract
Agency transactions in the field of trade consist in order by one party, called the principal, to the other independent party, called an agent, commission of the actual and legal acts connected with sale and purchase of goods in the specified territory at and on behalf of the principal. Agency transactions are made on the basis of more or less long agreement which is referred with the agency agreement.
In several countries, there are no sufficient differences of the agent definition. According to the approved definition of the Republican terminological commission at the Government of the Republic of Kazakhstan in an integrated terminological electronic database, the agent is a person acting on behalf of a person, a representative of an organization, institution and other executing assignments.
Depending on the subject, the title of the agreement divided into: an agency agreement; agency contract; international agency contract; commercial agency agreement; contract of commission; contract of sales representative.
Agency agreement type of contract on the performance by legal and physical persons of certain duties on behalf of and taking into account the interests of the principal. The agency agreement (contract) whose structure is presented in the article is proposed to be used as an exemplary option.
Agreements of order, the commission, transport expedition and others are provided in the civil legislation of the Republic of Kazakhstan, but the agency agreement (contract) is not provided. However, in practice, using analogy in the legislation, commission of such agreements is not forbidden. On the basis of the analysis, it is proposed to include in the current Civil Code of the Republic of Kazakhstan the section «Agency», which includes the concept of an agency agreement (agreement) and issues related to it.
Results of the research can be used in legislative work, scientific research on improvement of the civil legislation, spheres of entrepreneurship and trade field.
