Specific supply contract, its contrast to other types of contacts used in delivering goods and services
The article deals with the specifics of supply agreement, its difference from other types of contracts used in goods and services delivering, as well as the use of supply agreement to regulate large-scale and long-term relations and relations between the branches of the economy and regions of the country. The paper gives a clear distinction between supply and sale agreements. This has a practical application and is necessary due to the fact that each contract is realized according to rules special for them, along with the agreement norms specific to all sale regulations. However, the legal characterization of a business agreement depends not only on the name assigned to it by the parties, but also on the rights and obligations the parties identified in the contract. The tendency of using the supply agreement to regulate large-scale and long-term relations, as well as relations between the economy branches and regions are preserved up to the present moment, and are confirmed by laws on deliveries for the state's needs which are passed almost annually. In addition, the Government of the Russian Federation publishes numerous decisions on the delivery of goods, equipment, fuel, chemicals for agriculture and others. These acts show the general aim of the supply agreement to establish the fundamental relations between economy branches, as well as the development of industrial cooperation, as enterprises are united by accessory units and parts, etc. Thus, several decades of use of the legal institute of supply convincingly proved the objective necessity of the contract mediating large-scale, long-term relations of provision with raw materials and resources, as well as with the sale of goods. However, under the current law, supply is a simple kind of sale. In our opinion, these circumstances clearly show the need of a substantial revision of the Civil Code of the Russian Federation in its part on supply agreement norms to regulate the common industrial, technological and organizational issues as well as the issues of goods realization. The establishment of a possibility for buyers to influence suppliers' business activities aims to provide consistent improvement of product design and quality based on new technologies and materials in order to achieve the international standards and competitiveness of domestic products in foreign markets.
Keywords
product attributes, purpose of purchase, product, customer's responsibility, duties of the supplier, parties, цель покупки, supply agreement, subject of the contract, товар, свойства товара, стороны, обязанности поставщика, обязанности покупателя, предмет договора, договор поставкиAuthors
| Name | Organization | |
| Ponedelko Dmitriy V. | Far Eastern State Transport University | Ponedelko87@inbox.ru |
References
Specific supply contract, its contrast to other types of contacts used in delivering goods and services | Vestnik Tomskogo gosudarstvennogo universiteta – Tomsk State University Journal. 2014. № 384. DOI: 10.17223/15617793/384/29