Consignment Agreement: Legal Qualification Issues

Abstract

   In order to determine the legal nature of the consignment agreement, the norms of various agreements in the Civil Code of the Russian Federation are analyzed, and is made a conclusion about consignment as a type of intermediary services. Based on the basic provisions of the science of civil law, the author considers the peculiarities of the contractual construction of consignment as a special type of commission agreement. The scope and constitutive features of the consignment agreement are considered, separating it from the classic contractual design of the commission and determining the main scope of the consignor (intermediary) — transactions in the field of wholesale trade. It is concluded that it is necessary to consolidate the legal mechanism of the consignor's participation in civil circulation and establish rules for him to make transactions with third parties on his own behalf, but at the expense of the consignee (owner of the goods) according to the indirect representation model.