Veres I. Civil legal regulation of commercial representation

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0410U004078

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

23-06-2010

Specialized Academic Board

К 26.007.06

Essay

The thesis is devoted to research of issues on legal regulation of commercial representation. Based on analysis of legal nature of "representation" and qualifying features of commercial representation, the author offered his own definition of commercial representation. Division between "commercial representation" and "commercial mediation" is performed. Grounds for appearance and termination of commercial representation are researched in detail. Analysis of commercial representation elements is carried out (object, subjects, content of legal relationship). Peculiarities of commercial representation elements are defined in separate spheres of entrepreneurial activity. A question about legal consequences of duties violation by subjects of commercial representation is considered. Special attention is devoted to research of legal consequences upon performance by commercial representative of legal actions exceeding his/her powers, as well as upon performance of legal actions by the person on behalf of the other person upon termination of commercial representation. Conclusions and offers as to improvement of current legislation of Ukraine in the sphere of legal regulation of commercial representation based on the researches conducted in the thesis are grounded.

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