Types of contracts in the field of entrepreneurship. Business contracts The essence and types of business contracts

When doing business, various types of contracts are used in the field of entrepreneurial activity. Any transaction is necessarily accompanied by the conclusion of an agreement. It is drawn up in writing and signed by all participants. A contract between two or more persons must in any case not contradict the current legislation, that is, it cannot contain conditions that violate laws, rules or other norms. Such an agreement will be invalidated in court proceedings.

Each individual and legal entity has the right to independently choose its business partners and counterparties with whom it will enter into agreements. But there are exceptions when a person can be forced to sign a document. For example, there is a store in an apartment building. This house is serviced by a management organization.

The owner of non-residential premises is obliged to conclude an agreement for the provision of housing and communal services with this particular organization, even if he does not want it.

Types of contracts in business:

  • on the sale and / or purchase of works, services, goods, rights to use intellectual property;
  • on the provision of property for rent;
  • to open and maintain a bank account, deposit;
  • credit;
  • on the provision of a loan;
  • labor;
  • contracting;
  • about a commercial concession.

Each organization or individual entrepreneur enters into many different contracts that are directly or indirectly aimed at generating income for the organization or individual entrepreneur.

Any document that businessmen draw up and sign should be beneficial for each subject of the transaction.

Purchase, Sale, Lease Agreement

A purchase and sale agreement is the most common type of agreement entered into in the process of doing business. Each entrepreneur produces or buys goods in order to then sell them to an intermediary or end consumer. The contract for the purchase, sale, sale, shipment, delivery of goods contains the main condition that one party undertakes to provide the other with economic benefits, and the other undertakes to contribute money for them. If the contract contains a condition that one participant transfers the benefits to the second, and that, in turn, also transfers goods, works or services, then this is already an exchange agreement.

The document prescribes the name of the goods, the type of services, the nature of the work, the time for their delivery, provision or performance, when the payment will be made. Funds can be transferred before delivery in installments for each consignment of goods, after the actual shipment. The contract necessarily prescribes the procedure for resolving disputes, penalties for violation of the agreed conditions, and other important aspects of the partnership.

Very often in the process of carrying out business activities, lease agreements are concluded. To make a profit, an enterprise or individual entrepreneur needs jobs, offices, workshops, machines, machinery and equipment, land and other means of labor. They are not always acquired in property, in many cases they are taken for temporary use. The lease agreement stipulates that one person transfers to another for use for a certain period of time any property, and in return receives money in the form of rent.

Loan agreement

In the process of doing business, an organization or an entrepreneur may need additional funds that they do not currently have. But they can be borrowed from a bank. A loan agreement is an agreement under the terms of which one party (the lender) provides the other (the borrower) funds for temporary use for a fee. A bank or other credit organization (pawnshop, cooperative) can act as a creditor.

Funds are provided according to the following principles:

  • refundability - the money must be fully refunded after a specified period of time;
  • chargeability in the form of interest;
  • security (pledge, surety, guarantee);
  • urgency - funds are issued for a certain period of time;
  • target nature - in order to obtain a loan, the borrower must inform what he plans to spend it on.

The loan agreement specifies who is the lender and who is the borrower, the period for using the borrowed funds, when and in what way they should be returned, the amount of interest rate, for what they will be used. In the presence of security, contracts of surety or pledge are additionally concluded.

The loan agreement differs in that, according to its terms, any individual or legal entity can act as a borrower. It can be free of charge, that is, no fee is charged for the use of funds. As security from the borrower, you can receive a receipt that he undertakes to return the money within the specified period.

Other types of contracts in the field of entrepreneurial activity

For settlements with partners, employees, budgets of all levels, etc. the organization requires a bank account. To open it, you must conclude an agreement with a credit institution.

To do this, you need to choose a bank, submit the required package of documents, sign an agreement, get a current account number and use it. In some cases, individual entrepreneurs also open bank accounts for settlements in the process.

Any enterprise or individual entrepreneur needs employees to carry out their activities. An employment contract regulates the relationship between an employee and an employer.

It prescribes the duties of a citizen, the amount of remuneration for work, the mode of work, the procedure for granting leave and other conditions relating to the work of an employee in an organization or with an entrepreneur.

A commercial concession agreement is concluded between the owner of a trademark or other exclusive rights to something and another person, on the basis of which the latter can use these rights in the conduct of his business.

Construction contracts are very common in construction. Under its terms, one party undertakes to perform certain work, and the other to check, accept them (if everything is done correctly) and pay money to the contractor.

The contract is a flexible legal form in which social relations of various nature can be clothed. The main purpose of the contract is to regulate the behavior of people within the framework of the law by indicating the limits of their possible and proper behavior with the ensuing legal consequences of violating the relevant requirements. In the field of entrepreneurial activity, the contractual form makes it possible to reach an agreement between certain subjects of entrepreneurial relations on conditions determined by the parties, which become binding on them.

According to paragraph 1 of Art. 420 of the Civil Code of the Russian Federation, an agreement is an agreement between two or more persons on the establishment, change or termination of civil rights and obligations.

Before giving the concept of an entrepreneurial contract, it is necessary to highlight a number of features.

1. Business agreement is for the purpose of its parties (party) carrying out entrepreneurial activities.

The parties (or one party) of such an agreement enter into an obligation relationship with their counterparties for the sale of goods, the use of property, the performance of work, the provision of services due to the fact that it is necessary for her (their) professional activities aimed at systematic profit, and not to meet personal, domestic needs.

2. The parties (or one of the parties) of such agreements must be subjects of entrepreneurial activity - legal entities and (or) individual entrepreneurs who acquire the status of the subject of the specified activity from the moment of their state registration.

In certain cases, the law allows for the possibility of extending the norms on contractual obligations in the field of entrepreneurship to a party to the contract that is not registered as an entrepreneur. Thus, a citizen carrying out entrepreneurial activity without state registration does not have the right to refer to the transactions concluded by him that he is not an entrepreneur. The court may apply to such transactions the rules on obligations related to the implementation of entrepreneurial activity (clause 4 of article 23 of the Civil Code of the Russian Federation).

In a number of cases, the law contains a direct indication that only business entities in certain organizational and legal forms can be parties to certain contracts. So, in accordance with paragraph 3 of Art. 1027 and clause 2 of Art. 1041 of the Civil Code of the Russian Federation, parties to contracts of commercial concession and simple partnership can only be commercial organizations and citizens registered as individual entrepreneurs.

3. Business contracts are of a compensatory nature: a party to such an agreement must receive a payment or other counter provision for the performance of its duties (clause 1 of article 423 of the Civil Code of the Russian Federation). This feature is due to the purpose of entrepreneurial activity - the focus on making a profit.

Russian legislation contains a fundamental ban on the conclusion of gratuitous contracts between business entities. In particular, donation is not allowed in relations between commercial organizations (clause 4 of article 575 of the Civil Code of the Russian Federation). This prohibition also applies to individual entrepreneurs, since, as a general rule, they are subject to the norms of the Civil Code of the Russian Federation, which regulate the activities of legal entities that are commercial organizations (clause 3 of Article 23 of the Civil Code of the Russian Federation).

4. Special procedure for resolving disputes in connection with the execution of business contracts.

Most of the disputes arising from business contracts are economic disputes that are resolved by arbitration courts in accordance with the Arbitration Procedure Code of the Russian Federation (Articles 27-28). As a rule, these are disputes about disagreements under the agreement, about changing conditions, about termination of the agreement or about non-fulfillment or improper fulfillment of obligations, etc.

The parties to business contracts, one of which is a foreign business entity or an enterprise with foreign investments, have the right to provide in the contract a condition for the consideration of their disputes in the International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry - a permanent arbitration court. There are also other arbitration courts that resolve disputes arising from business contracts.

An entrepreneurial agreement 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 a business entity.

In the scientific literature, an entrepreneurial contract is often considered a kind of private civil law contract.

As V.V. Vitryansky, “the designation of a contract or a group of contracts as“ entrepreneurial ”is conditional: this class of contracts is not provided for by the Civil Code of the Russian Federation and other legislation. At the same time, the legislation provides for differentiated (special) regulation of “obligations related to the implementation of entrepreneurial activities by its parties” (for example, Articles 310, 315), “obligations related to entrepreneurial activities” (Article 322), “obligations fulfilled by carrying out entrepreneurial activity "(Article 401)".

Of course, an entrepreneurial contract combines the norms of private law and public principles. However, we believe that entrepreneurial contracts in legislation and in civil circulation are represented by a corresponding group of civil law contracts that meet the predefined above criteria.

Classification of business contracts must be carried out depending on the direction.

The first group is made up of contracts, aimed at transferring property. They are represented in the Civil Code of the Russian Federation by the supply of goods, including for state needs, contracting, power supply, the sale of real estate and the sale of an enterprise. All of them, meaning the transfer of property into ownership, constitute a subtype of the named contracts, while their other subtype is associated with the transfer of property for temporary use. This includes renting, including vehicles, buildings and structures, enterprises.

The second group is made up of contracts, aimed at performing work. These include the contract with its varieties (construction contract, contract for the performance of design and survey work, contract work for state needs) and contracts for the performance of scientific research and other works.

The third group is represented by contracts, aimed at providing services. Civil Code of the Russian Federation (Art. 779) defines services as actions or activities carried out by the contractor at the request of the customer; these actions (activities) constitute the object of such agreements. Services, depending on the nature of the actions (activities) performed, are divided into two subspecies: legal (order, commission, agency service) and actual (transportation, storage, etc.).

The focus of the contract on the transfer of property, the performance of work or the provision of services cannot serve as a comprehensive criterion that can delineate all contractual obligations. Outside it, for example, there remains a simple partnership, the essence of which is to combine the contributions of the participants and their subsequent joint actions to achieve a goal that does not contradict the law (Article 1041 of the Civil Code of the Russian Federation).

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 retail sale, rental, bank deposit and bank account agreements, loan agreements, energy supply agreements, freight forwarding agreements, freight forwarding agreements, construction contracts, agency agreements and many others.

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

  • Sukhanov E.L. Civil code of Russia and private law // Lawyer. 2000, no. 4, p. 3.
  • Vitryansky V. V. Responsibility for violations of the "entrepreneurial contract" // Materials of the Annual Scientific Readings in memory of Professor S.N. Bratusya (Moscow, October 24, 2007). M., 2008.S. 17.

Property contracts include contracts aimed at regulating the activities of participants in a legal relationship regarding a certain property benefit. In turn, property contracts are subdivided into contracts for the transfer of property, the performance of work and the provision of services (this classification is carried out by type of activity).

Agreements for the alienation (transfer) of property include two groups: 1) agreements for the transfer of property into ownership, economic management or operational management (purchase and sale, supply, contracting, supply of gas, heat and power energy); 2) contracts for the transfer of property for temporary use (property lease).

Contracts for the performance of work are contracts for household and construction contracts, contracts for design and survey work, contracts for research, development and technological work, etc.

Contracts for the provision of services include contracts: carriage of goods, towing, expedition, insurance, banking, storage, commission, order, etc.

Organizational agreements create the prerequisites for subsequent entrepreneurial or other activities, and, as a rule, are the basis for concluding property agreements.

Among the organizational agreements, one can single out the constituent agreements on the formation of legal entities. Organizational agreements can also include the so-called preliminary agreements, according to which the parties undertake to conclude in the future an agreement on the transfer of property, performance of work or the provision of services (main agreement) on the terms stipulated by the preliminary agreement.

By economic spheres, entrepreneurial contracts can be classified as follows: 1) in the sphere of material and technical supply and sales - supply, purchase and sale, exchange, loan, commission and other types of business contracts; 2) in construction - construction contracts, for design and survey work, for the production of repairs, lease of buildings and equipment, construction intermediation; 3) in agriculture - contracts for contracting, lease of buildings and equipment, for the production of repairs, for comprehensive maintenance, for the performance of other agricultural and agrochemical works; 4) in transport - contracts for the organization of the carriage of goods, obligations for the supply of vehicles and the presentation of goods for transportation, contracts for the carriage of goods, towing, freight forwarding, for the operation of railway sidings, for the supply and cleaning of wagons, rental of vehicles, the provision of services by aviation , obligations with the participation of pipeline transport; 5) in connection - contracts of postal expedition, postal transfer, lease, for the provision of telegraph channels and telegraph subscriber communications by communications enterprises, for the provision of Internet communications; 6) in the field of settlements and loans (in the banking sector) - agreements on a bank account, money transfer and bank deposit; 7) in the field of scientific and technological progress - contracts for research, development and technological work; 8) in the field of subsoil use (concession agreements, production sharing agreements, service contracts and contracts on joint activities); 9) in the securities market (contracts for the purchase and sale of securities); etc.



The Civil Code of the Republic of Kazakhstan emphasizes public contracts, which regulate relations with the participation of commercial organizations engaged in retail trade, transportation by public transport, communication services, energy supply, medical, hotel services, etc.

Commercial organizations do not have the right to evade the conclusion of a contract, they are obliged to conclude it with everyone who turns to them, they also have no right to give preference to one person over another in relation to the conclusion of a public contract, except as provided by law. The price of goods, works and services, as well as other conditions of the public contract, are set the same for all consumers, except for cases when the legislation allows the provision of benefits for individual consumers.

The refusal of a commercial organization to conclude a public contract if it is possible to provide the consumer with the relevant goods and services is not allowed. In case of unjustified evasion of a commercial organization from the conclusion of this agreement, the provisions provided for in paragraph 4 of Art. 399 of the Civil Code of the Republic of Kazakhstan (the consumer has the right to go to court with a demand to compel to conclude an agreement).

A separate group of agreements can also include an accession agreement, the terms of which are determined by one of the parties in forms or other standard forms and can be accepted by the other party only by acceding to the proposed agreement as a whole.

The legislation provides for measures to protect the interests of the acceding party, in particular, it establishes a simplified procedure for terminating such an agreement on the initiative of the acceding party, which has the right to demand termination of the agreement if the accession agreement, although it does not contradict the legislation, deprives this party of the rights usually granted under agreements of this type , excludes or limits the liability of the other party for violation of obligations, or contains other conditions that are clearly burdensome for the acceding party, which, based on its reasonably understood interests, would not accept if it had the opportunity to participate in determining the terms of the contract. An exception is the party that acceded to the contract in connection with the implementation of entrepreneurial activity, if it knew or should have known under what conditions the contract is concluded, that is, the simplified procedure for terminating the contract of joining does not apply to entrepreneurs.

Exchange transactions and their classification

Exchange transaction - an agreement (agreement) registered by the exchange, concluded by exchange trading participants in relation to an exchange commodity in the course of exchange trading. The order of registration and execution of exchange transactions is established by the exchange. Transactions made on the exchange, but not meeting the above requirements, are not exchange transactions.

The exchange has the right to impose sanctions on participants in exchange trading who perform non-exchange transactions on this exchange.

An exchange transaction is considered concluded from the moment of its registration in accordance with the procedure established by the Exchange Trading Rules. Many exchanges have developed Standard contracts, therefore, in the Rules of exchange trading adopted by exchanges, it is recommended to take into account the content of standard contracts when drawing up all types of documents.

Exchange transactions can be of various types. So, in the course of exchange trading by exchange trading participants, transactions related to:

Mutual transfer of rights and obligations in relation to real goods;

Mutual transfer of rights and obligations in relation to real goods with a delayed delivery date (forward transactions);

Mutual transfer of rights and obligations in relation to standard contracts for the supply of exchange commodities (futures transactions);

Assignment of rights to future transfer of rights and obligations in relation to standard contracts for the supply of exchange commodities (option transactions);

Other transactions in relation to a commodity, contracts or rights established in the rules of exchange trading.

If we group all exchange transactions, then we can distinguish two main groups:

Transactions with real goods (or cash transactions or transactions for cash) - are made with the aim of actually purchasing those goods, securities or foreign currency that are traded on the exchange. In turn, real commodity trades are classified into cash trades (or spot trades) and forward trades.

A spot transaction is a transaction that is executed immediately or in the near future for cash. A spot transaction can be executed: immediately after the close of the exchange, “for tomorrow”, i.e. on the next exchange day (in a few days).

Forward transaction is a transaction for a commodity that is transferred by the seller organization into the ownership of the buying organization on the terms of delivery and settlement agreed by the parties, within a specified term in the future.

Transactions without real goods are those transactions that do not imply the subsequent provision of exchange commodities in execution of the transaction (such transactions are otherwise called forward exchange transactions). As a rule, they include futures and options transactions.

A futures transaction is a standard commitment for a quantity of a specified commodity delivered by a seller to a buyer at a specified time at a specified location.

An option transaction is the purchase or sale of an option contract for the purpose of subsequent resale at a higher price and profit from the difference between the price of the contract at the time of its conclusion and the price of the contract at the time of its sale.

Along with this, such types of exchange transactions as transactions with collateral (both on the seller's side and on the buyer's side), credit transactions, barter transactions, and conditional transactions have become widespread in exchange trading.

A pledged transaction is a transaction in which, at the time of its conclusion, one counterparty pays to another counterparty the amount determined by the agreement between them as a guarantee for the fulfillment of its obligations. If the payer of the collateral is the buyer, the transaction will be with a collateral for the purchase, and if the seller - the transaction will be with a collateral for the sale.

A loan transaction is a transaction in which a brokerage office, having received a loan from a bank to carry out exchange transactions, purchases the goods it needs on the exchange, with the subsequent sale of its goods also through exchange trading.

Barter transaction is a transaction in which the mutual exchange of products is carried out without monetary payment. In this case, the proportions of exchange are determined, as a rule, taking into account the ratio of prices for exchanged goods in the domestic or world market, the quality of products and the conditions for their supply.

A conditional transaction is a type of transaction with a real product in which this product is sold on condition that another real product is purchased at the same time. The difference between these transactions from barter transactions is as follows: a conditional transaction is concluded in the operating room in the process of public public trading with the participation of a stock broker and using the exchange information databank

[:] List of normative legal acts and special literature [:]

1. Civil law. Under the editorship of Basin Yu.G., Suleimenov M.K., T. 1 (General part), Almaty, Zhety Zhargy. 2000.

2. Civil law. T.2. Resp. ed. M.K. Suleimenov, Yu.G. Basin. Almaty, Research Institute of Private Law KazGUU, 2002.

3. Civil law. T. 1, P / r. A.P. Sergeeva, Yu.K. Tolstoy, M., 2000.

4. Civil law. Part 2. Law of Obligations: A course of lectures // Otv. ed. O. N. Sadikov. M .: Publishing house "Bek", 1997.

5. Basin Yu.G. Selected works on civil law. / Comp. M.K.Suleimenov. - Almaty: “Adilet” Higher School of Business; Research Institute of Private Law KazGUU, 2003.

6.Album of model contracts: A practical guide to civil relations in the Republic of Kazakhstan. // Comp. IN AND. Rock. - Almaty: Lem, 2001.

7. Basin Yu.G. Transactions. - Almaty: "Adilet-Press", 1999.

8. Basin Yu.G. Legal entities under the civil legislation of the Republic of Kazakhstan: Concept and general characteristics: Textbook. // Ed. 2nd, rev. and additional - Almaty: GSHP "Adilet", 2000.

9. Civil law: Textbook. In 2 vols. Resp. ed. E.A. Sukhanov. 2nd ed., Revised. and additional - M .: BEK, 2000.

10. Civil law: Textbook. // Under total. ed. Illarionova T.I., Gongalo B.M., Pletneva V.A.- M .: NORMA-INFRA-M, 1998.

11. Greshnikov I.P. Subjects of law. Part 1. Legal entity in law and legislation. - Almaty: Lem, 2001.

12. Doinikov I.V. Business Law, Study Guide, "Prior", Moscow, 1998.

13. Porokhov E.A. and other Legal foundations of entrepreneurship in the Republic of Kazakhstan. Almaty. 2001 year

14. Business Law. Ed. N. I. Klein, M .; Legal literature. 1993 year

APPROVED BY

at the meeting of the department

"Jurisprudence and mp"

institutions "University" Turan "

Minutes No. __ dated "____" ________ 2013

Head of the department

The classification of business contracts can be carried out on various grounds.

Business contracts for the sale (sale) of goods include a purchase and sale agreement, including an agreement for the supply of goods, an agreement 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.

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

The number of entrepreneurial contracts for the transfer of property for use, first of all, must 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 a number of cases it is economically more profitable not to acquire property, but to get it on lease and use it for their activities. For example, a trading company expanding the volume of sales of its goods may need additional warehouse and office space, etc.

In this regard, the most typical for entrepreneurial activities are an enterprise lease agreement, 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 business. The provision of services is essential in the business turnover. In this regard, a significant number of contractual obligations in entrepreneurship are associated with the provision of services that may be needed both by entrepreneurs themselves and by persons who are not related to them. Unlike works, services do not receive a material expression, different from the very activity in which they are expressed. The legislation provides for the possibility of providing various types of services under the following contracts: paid provision of services, commercial representation, commission, agency service, transportation, forwarding, insurance, trust management of 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 retail sale, rental, bank deposit and bank account agreements, loan agreements, energy supply agreements, freight forwarding agreements, freight forwarding agreements, construction contracts, agency agreements and many others.

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

Contract delivery of goods, according to which the supplier-seller engaged in entrepreneurial activity undertakes to transfer, within a specified period or time, the goods produced or purchased by him to the buyer for use in entrepreneurial activity or for other purposes not related to personal, family, household and other similar use ().

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

Special legal status of the seller and the buyer, who must act as business entities;

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

Contract contracting- a special type of contract for the sale of goods, concluded between business entities.

Under contract contracting 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 ().

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

Agricultural commercial organizations act as a seller-producer: economic societies and partnerships, production cooperatives, peasant (farmer) enterprises engaged in entrepreneurial activities in the production (cultivation) of agricultural products.

The purchaser-procurer can be a commercial organization or an individual entrepreneur engaged in entrepreneurial activities for the acquisition (purchase) of agricultural products for its subsequent processing or sale (for example, dairies, meat processing plants, wool processing factories, wholesalers in the field of consumer cooperation, etc.) ...

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

Contract finance lease (leasing)- this is an agreement of the parties, according to 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 landlord is not responsible for the choice of the subject of the lease and the seller ().

The subject of a financial lease agreement can be any non-consumable things used for entrepreneurial activity, except for land plots and other natural objects. Based on this, the lease agreement is concluded only for business purposes and, accordingly, between business entities.

The 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, in accordance with their constituent documents, perform the functions of lessors and 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 Federal Law of October 29, 1998 No. 164-FZ "On Financial Lease (Leasing)").

Contract commercial concession- an agreement under which one party (rightholder) undertakes to provide the other party (user) for a fee for a period or without specifying the right to use in business a set of exclusive rights belonging to the rightholder, including the right to a company name and (or) commercial designation copyright holder, to protected commercial information, as well as to other objects of exclusive rights provided for by the contract - a trademark, service mark, etc. ().

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

By simple partnership agreement two or more persons (comrades) undertake to combine their contributions and act jointly without forming a legal entity in order to make a profit or achieve another goal that does not contradict the law ().

The subject of a simple partnership agreement is the joint activity of partners to achieve the goal specified in the agreement.

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

Treaty warehouse storage is an agreement by virtue of which the warehouse (custodian) undertakes to store the goods transferred to it by the goods owner (depositor) for a fee, and return these goods in safety ().

A warehouse is an organization that stores goods as a business and provides services related to storage.

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