Open AccessContract of a Commercial Concession in Russian Law: Issues of Theory and Practice
Author(s) -
Vladimir N. Belousov
Publication year - 2021
Publication title -
sibirskij ûridičeskij vestnik
Language(s) - English
Resource type - Journals
eISSN - 2071-8144
pISSN - 2071-8136
DOI - 10.26516/2071-8136.2021.1.31
Subject(s) - obligation , duty , quality (philosophy) , independence (probability theory) , business , agreement , law , set (abstract data type) , law and economics , economics , computer science , political science , mathematics , philosophy , statistics , linguistics , epistemology , programming language
The article is devoted to the analysis and resolution of problems arising during the conclusion and execution of a commercial concession agreement. The article substantiates the consideration of a commercial concession agreement as an independent type of civil contract. The criterion for the independence of this type of agreement is the presence of its own subject matter (the rightholder performing actions to grant the user the right to use a set of exclusive rights), as well as othertractors are differentiated. It is concluded that quality control of goods (works, services) produced (performed, rendered) by the user must be considered as a duty of the copyright holder, which cannot be excluded by agreement of the parties. The reasons for the absence of the legal obligation of the copyright holder to offer the user to conclude a contract for a new term are established. Special rules on termination of a commercial concession agreement are studied. The cases for motivated and unmotivated unilateral refusal of the contract are named. Specific proposals have been developed to improve the rules on a commercial concession agreement.