THE LEGAL STRUCTURE OF THE AGENCY CONTRACT IN CIVIL LAW AND DOCTRINE

Abstract

Objective: theoretical-legal analysis of the legal structure of the agency contract in the Russian civil law. Methods: in this work, the methods of comparative legal analysis and formal legal method were applied. Results: the study of current Russian legislation allows to conclude that the commissioning for some actions under the agency agreement may cause problems and difficulties of practical nature, caused by the fact that the norm of the agency contract does not fully regulate the agency relationship due to the conventional reference to the rules of the commission contract or the agency agreement depending on whose behalf the agent acts. The rules of these treaties can not be subsidiarily applied to the actions and the application of the rules on paid services is not provided by law. As follows from the above, the commission agent’s sole actions, even related to the legal ones, remains unresolved in the civil law. Scientific novelty: the different viewpoints of the authors are analyzed regarding the structure and the subject of the agency contract. The detailed analysis of legal and real actions in the subject matter of this agreement is provided. The norms of the subject of the agency agreement require clarification and, possibly, quality adjustment depending on what actions (legal and/or real) are demanded in practice as a part of the subject of the agency contract, as well as the legislator’s position in this regard. Practical value: the theoretical principles formulated in the study can be used in lawmaking, when teaching the "Civil law" course and other special courses.