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Article 282. Cancellation of the Contract Ahead of Time on
Demand of the Lease-taker
The lease-giver may submit to the court of justice, economic
or arbitration court a demand on the cancellation of the contract
on lease ahead of time:
1) if the lease-giver does not make overall repair of the
property which is obliged to do;
2) if the property due to the circumstances for which the
lease-taker is not unswerable is turned to a condition unsuitable
for use.
Article 2821. Specific Features of Regulation of Lease
Relations for Certain Types of Property
Specific features of the regulation of lease relations for
certain types of property, including the lease of plots of land,
shall be determined by the Law of the Republic of Belarus "On
Lease", the Code of land of the Republic of Belarus and other
special legislation.
Article 283. Contract of Rent for Household Purposes
According to the contract of rent for household purposes
citizens shall be given for temporary paid use items of
household, musical instruments, sport implements, cars and other
property designed for personal (family, home) use.
Conditions and procedures of rent for household purposes
shall be established by the general rules on the contract of
property lease (Articles 271 to 276 and 281 of this Code).
The property taken on rent shall not be transferred, handed
over or given on sublease.
Article 284. Typical Contracts of Rent for Household
Purposes
The Council of Ministers of the Republic of Belarus shall
establish typical contract for separate kinds of property taken
on rent for household purposes. deviations from the conditions of
the typical contracts that limit the rights of the users shall
not be valid.
Article 285. Term of the Contract of Rent for Household
Purposes
The term of the contract of rent for household purposes must
not exceed the term established by the relevant typical contract
(Article 284 of this Code).
The lease-taker shall have the right to reject the contract
of rent for household purposes at any time.
Chapter 28. RENT OF LIVING ROOMS
Article 286. Rent of the Living Room
Specific features of the regulation of relations of rent of
living rooms shall be established by the Living Code of the
Republic of Belarus and other acts of the living legislation.
Articles 287, 288, 289, 290, 291, 292, 293, 294, 295, 296,
297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309,
310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322,
323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334 have
lost their force.
Chapter 29. FREE OF CHARGE USE OF PROPERTY
Article 335. Contract on the Free of Charge Use of Property
According to a contract on free of charge use of the
property one party shall undertake to transfer or transfers the
property for free of charge temporary use to the other party
while the latter shall undertake to return the same property.
The contract on free of charge use of the property shall be
liable to respective rules of Articles 266, 267, 269, 271 (part
one), 274, 276 and 280 of this Code.
Article 336 has lost its force.
Article 337. Consequences of the Failure to Provide Property
for Free of Charge Use
If the organization which has undertaken according to the
contract the obligation to transfer property for free of charge
use does not provides this property then the rules of Article 272
of this Code shall be applied. However in this case the other
party shall be reimbursed only for the losses expressed in the
expenses made by this party, the loss or the damage of the
property.
Article 338. Responsibility for Drawbacks of the Property
Transferred for Free of Charge Use
The party which has transferred property for free of charge
use shall be answerable for drawbacks of this property which this
party, intentionally or through a grave carelessness, did not
specify when transferring the property.
Article 339. Transfer of the Property Received for Use to a
Third Person
The person which has received property for free of charge
use shall have the right to provide this property for use by a
third person only with the agreement of the person which has
transferred the property remaining at the same time responsible
before him.
Article 340. Cancellation of the Contract Ahead of Time
The person which has transferred property for free of charge
use shall have the right to demand that the contract be canceled
ahead of time in cases envisaged by paragraphs one and two of
Article 281 of this Code as well as if the other party, without
his consent, has given the property, given to this party for free
of charge use, to a third person.
Article 341 has lost its force.
Article 342. Termination of the Contract
The contract on free of charge use of property, beside the
general grounds for the termination of the obligations, shall be
terminated also in case of the death of the citizen or the
termination of the legal person participating in the contract.
Chapter 30. CONTRACTUAL WORK
Article 343. Contract on Contractual Work
According to the contract on contractual work the contractor
shall undertake to perform at his risk a definite piece of work
as ordered by the customer from his or one's own materials while
the customer shall undertake to accept and pay for the performed
work.
The citizen may undertake the performance of work by the
contract on contractual work only when this is not forbidden by
the current legislation.
Article 344. Estimate
A strict or rough estimate may be drawn up for the
performance of the work envisaged by the contract.
If it has become necessary to significantly exceed the rough
estimate he contractor shall be obliged to inform of it the
customer in time . In this case the customer shall have the right
to reject the contract and reimburse the contractor for the
expenses made by him. If the contractor has not notified the
customer of the exceeding of the estimate, he shall be obliged to
perform the work without demanding the reimbursement of
extra-estimate expenses.
Article 345. Performance of Work Using Materials of the
Contractor and His Resources
The contractor shall be obliged to perform the work
stipulated by the contract using his materials and his resources
inasmuch as the law or contract does not specify otherwise.
The contractor performing the work using his materials shall
be answerable for the good quality of the materials.
Article 346. Performance of Work Using Materials of the
Customer
If the work is performed in full or in part using materials
of he customer the customer shall be answerable for the correct
use of this material. The contractor shall be obliged to provide
to the customer a report on the consumption of materials and
return the remaining material.
Article 347 has lost its force.
Article 348. Obligation of the Contractor to Preserve the
Property Entrusted to Him
The contractor shall undertake all measures to preserve the
property entrusted to him by the customer and shall bear
responsibility for any error which has entailed the loss or
damage of this property.
Article 349. Risk of Accidental Perish of Materials
Risk of accidental perish or accidental damage of materials
shall be born by the party which has provided the material.
Article 350. Circumstances about Which the Contractor Must
Inform the Customer
The contractor shall be obliged to inform the customer in
time:
1) about unsuitability or bad quality of the material
received from the customer;
2) about the fact that the observance of the instructions of
the customer threatens the suitability or strength of the
performed work;
3) about the presence of other circumstances beyond control
of the contractor which threaten the strength or suitability of
the work performed.
Article 351. Consequences of the Failure of the Customer to
Fulfil the Demands of the Contractor
If the customer despite the timely and grounded warning on
the part of the contractor does not replace, in the adequate time
period, unsuitable or bad-quality material, does not modify the
instructions on the method of work performance or does not
correct other circumstances which endanger the strength and
suitability of the work, the contractor shall have the right to
reject the contract and exact the losses incurred by him.
Article 352. Rights of the Customer during the Performance
of Work
If the contractor does not begin in time to perform the
contract or if he performs the work that slowly that the
completion of it in the stipulated time becomes obviously
impossible, the customer shall have the right to eject the
contract and demands that the losses be reimbursed.
If during the performance of the work it becomes obvious
that the work will not be performed as required, the customer
shall have the right to appoint for the contractor the adequate
time for the correction of the drawbacks, and if the contractor
does not meets this requirement in the time appointed for him the
customer shall have the right to reject the contract or demand
that the losses be reimbursed or to charge a third person to this
work at the expense of the contractor.
In case of justified reasons the customer shall have the
right, at any time before the work has been completed, to reject
the contract paying to the contractor remuneration for the work
done and reimbursing him for the losses caused by the
cancellation of the contract counting in the amount the
contractor has saved due to the cancellation of the contract.
Article 353. Obligation of the Customer to Accept the Work
Performed by the Contractor
The customer shall be obliged to accept the work performed
by the contractor and to inspect it. If the customer does not
notify immediately the contractor about the deviations from the
conditions of the contract which have worsened the work or about
other drawbacks in the work, he shall lose the right in future to
refer to these deviations from the conditions of the contract or
the drawbacks in the work.
As regards deviations from the conditions of the contract or
other drawbacks in the work which could not have been detected
during the ordinary way of its acceptance, the customer shall be
obliged to inform the contractor immediately on their detection.
Article 254. Payment of Remuneration to the Contractor
The customer shall be obliged to pay for the work performed
by the contractor on acceptance of the whole work, unless the law
or contract specifies otherwise.
Article 355. Settlement between the Parties in Case of
Perish of the Object of the Contract or of
Impossibility to Complete the Work
If the object of the contract, before being accepted, has
accidentally perished or the work is not possible to complete not
through a guilt of the parties, the contractor shall not have the
right to demand remuneration for the work.
If the perish of the object of the contract or the
impossibility to complete the work have occurred due to drawbacks
of the material supplied by the customer or due to his orders as
to the methods of the work performance, or have occurred after
expiration of the time limit for the acceptance of the performed
work by the customer, provided the contractor has observed the
rules of Articles 350 and 351 of this Code, the contractor shall
retain the right to receiving remuneration for the work.
Article 356. Rights of the Customer in Case the Contractor
Violates the Contract
If the contractor has allowed deviations from the conditions
of the contract which have worsened the work or has allowed other
drawbacks in the work, the customer shall have the right, on his
own choice, to demand: free of charge correction of the above
drawbacks within the adequate period of time or reimbursement of
the expenses incurred by the customer which have been required to
correct the drawbacks of the work using his own resources, if the
contract stipulates such right of the customer, or a
correspondent decrease of remuneration for the work.
If the work includes substantial deviations from the
conditions of the contract or other substantial drawbacks, the
customer shall have the right to demand that the contract be
rejected and the losses be reimbursed.
Article 357. Term of Prescription for the Lawsuits on
Liability of the Contractor
A suit connected with deviations by the contractor from the
conditions of the contract which have worsened the work or other
drawbacks in the work may be mad within six months from the day
the work was accepted, or - if the drawbacks could not have been
detected with the ordinary method of acceptance of work - within
one years from the day the work was accepted.
A suit related to such drawbacks in a building or works
which could not have been detected with the ordinary method of
work acceptance, if one of the parties is a citizen, may be made
within three years from the day the work was accepted.
If the contract for the performance of work envisaged a
period of guarantee and the application related to the drawbacks
in the work has been submitted within the period of guarantee,
the term of prescription by the suit shall begin from the day of
the application on the drawbacks or - in relations between
organizations - from the day the drawbacks were detected in the
work.
Article 358. Rules on Definite Types of the Contracts
The rules on definite types of contracts on contractual work
between organizations as well as the rules on such contracts on
the servicing of household needs of the citizens (household
order) shall be established by the legislation of the Republic of
Belarus.
The Council of Ministers of the Republic of Belarus shall
adopt typical contracts related to definite types of service for
the citizens.
Deviations from the conditions of typical contracts which
restrict the rights of the customers shall be invalid.
Article 359. Household Order
According to a household order the organization which
services the household needs of the citizens shall undertake to
perform for the customer a definite piece of work using one's own
material or, on the wish of the customer, of his material, while
the customer shall undertake to accept the work and pay for it.
If the work is made using material of the contractor, the
cost of material shall be paid by the customer in full or in part
in accordance with the typical contract with the final settlement
to be made when the customer received the work performed by the
contractor. In cases stipulated by the typical contract material
may be provided by the contractor on credit (with payment by
installments). A future change of the price of the material
provided on credit shall not entail recalculations.
If the work is performed using material of the customer the
receipt given by the contractor when making the contract must
specify the precise name of the material and its value as agreed
by the parties.
The contract on the household order shall be liable to the
rules on the contract on contractual work unless the law
stipulated otherwise.
Article 360. Rights of the Customer in Case of a Substantial
Violation of the Contract on Household Order by
the Contractor
If substantial deviations from the conditions of the
contract or other substantial drawbacks have been detected in the
thing made of material of the customer, the customer shall have
the right, on his own choice, to demand either that another thing
be made of a similar kind of material of the same quality or that
the contract be canceled and the losses be reimbursed.
Article 361. Consequences of the Failure of the Customer to
Appear to Receive the Work Performed
If the customer has failed to appear to receive the thing
made according to a contract on household order, the contractor
shall have the right, on expiration of six months after the day
when, according to the contract, the thing had to be transferred
to the customer and two warnings of the customer, to sell the
thing in the established manner and place the amount received,
less all payments due to the contractor, on the deposit of a
notary office in the name of the customer.
Chapter 31. CONTRACT OF CAPITAL CONSTRUCTION
Article 362. Contract of Capital Construction
According to the contract of capital construction the
contracting organization shall undertake, by its own force and
resources, to build and transfer to the customer organization the
facility in accordance with the approved designing estimates and
within the established time period while the customer shall
undertake to provide to the contractor the construction site,
transfer to him the approved designing estimates, secure timely
financing of the construction, accept the completed facilities
and pay for them.
Provision for construction purposes of technological,
energy, electrical-engineering and general factory equipment and
devices and machinery shall be the responsibility of the customer
except cases stipulated by the legislation.
The legislation may oblige the customer to provide materials
for construction purposes.
Article 363. General Contractor and Subcontractor
The contract of capital construction shall be made by the
customer with one construction organization and in cases and in
the manner as specified by the legislation with two or more
construction organizations which shall have the right to act as
the general contractor and charge, on the basis of a subcontract,
specialized organizations to perform separate sets of work
(Article 196 of this Code).
The contract on the performance of equipment mounting
operations shall be made by the customer either with the general
contractor or with the supplier of the equipment.
On agreement with the general contractor contracts on the
performance of mounting or other special operations may be made
by the customer with mounting or other specialized organizations.
Article 364. Rights of the Customer
The customer shall exercise control and technical
supervision over the correspondence of the scope, cost and
quality of the work performed with the designs and cost
estimates. He shall have the right to check, at any time, the
progress and quality of construction and mounting operations as
well as he quality of materials used, without interfering into
operative and economic activities of the contractor.
Drawbacks in the performance of the work or in materials
used to perform the work made by the contractor (or a
subcontractor) must be corrected by the contractor at his own
expense.
Article 365. Responsibility of the Parties for the Violation
of the Contract on Capital Construction
In case of the failure to meet obligations of the contract
of capital construction or in case of their inadequate meeting,
the party responsible for this shall pay the established penalty
(fine) as well as to reimburse in the amount which is not covered
by the penalty the losses expressed by the expenses made by the
other party, the loss or damage of the property of this party.
The amounts of penalties (fines) paid by the contractor for
the failure to observe the time of performance of separate
operations shall be returned to the contractor in case when all
operations (work) on the facility are completed by the final term
established by the contract.
Article 366. Rules on the Contracts of Capital Construction
Contracts of capital construction shall be made and
performed in compliance with the rules approved by the Council of
Ministers of the Republic of Belarus or according to he procedure
established by the Council of Ministers.
Chapter 32. TRANSPORTATION
Article 367. Contract on Transportation of Cargo and Plan of
Cargo Transportation
According to the cargo transportation contract the transport
organization (carrier) shall undertake to deliver the cargo,
entrusted to it by the consignor, to the place of destination and
give it out to the person authorized to receive the cargo
(consignee) while the consignor shall undertake to pay for the
transportation of the cargo the established payment.
Article 368. Contract on Transportation of Passenger
According to the passenger transportation contract the
carrier shall undertake to transport the passenger to the place
of destination and - in case the passenger has submitted a
luggage - to deliver the luggage to the place of destination and
give it out to the person authorized to receive the luggage; the
passenger shall undertake to pay the established fares and - if
he has submitted a luggage - to pay for the transportation of the
luggage.
Article 369. Conditions of Transportation of Cargo,
Passengers and Luggage
Conditions of transportation of cargo, passengers and
luggage and the liabilities of the parties on these
transportation shall be defined by the statutes (codes) of
individual kinds of transport and the rules issued according to
the established manner.
Transportation in the Republic of Belarus of cargo,
passenger and luggage by automobile transport means and
liabilities of the parties on these transportation shall be
regulated by this Code, the Statute of the Automobile Transport
of the Republic of Belarus approved by the Council of Ministers
of the Republic of Belarus and the rules of transportation issued
in the established manner.
Article 370. Liability for the Failure to Meet Obligation on
the Transportation Contract
The carrier, consignor and consignee shall bear property
liability for the failure to meet the obligations of the
transportation contract in cases and in the manner established by
the legislation of the contract.
Articles 371, 372, 373, 374 have lost their force.
Article 375. Termination of the Transportation Contract on
Demand of the Passenger
The passenger shall have the right to reject the contract of
transportation by long-distance automobile facilities and, having
returned back the ticket before the departure of the bus (route
taxi), receive the money paid for it:
1) if the departure of the bus (taxi) is delayed;
2) if the passenger is given in the bus (taxi) a place of a
lower class that specified in the ticked sold to him;
3)in other cases envisaged by the Statute of Automobile
Transport of the Republic of Belarus.
In case the travel is terminated due to an illness or
accident the passenger shall be paid back the travel fares in
proportion to the remaining distance of the travel.
Article 376. Liability of the Carrier for the Loss, Partial
Loss or Damage of the Cargo or Luggage
The carrier shall be responsible for the loss, partial loss
or damage of the cargo and luggage accepted for transportation,
if he does not prove that the loss, partial loss or damage has
happened because of guilt which is not his own fault (Articles
218 and 220 of this Code).
Transport statutes (codes) may envisage cases when the proof
of the guilt of the carrier for the loss, partial loss and damage
of cargo shall be the responsibility of the consignee or
consignor.
Article 377. Amount of Liability of the Automobile
Transportation Organization for the Loss,
Partial Loss or Damage of the Cargo
The carrier (automobile transportation organization) shall
be answerable for the damage caused during transportation of
cargo or luggage by the automobile transport:
1) in case of the loss or partial loss of the cargo or
luggage - in the amount of the cost of the cargo or luggage lost
of partially lost;
2) in case of a damage of the cargo or luggage - in the
amount for which the cost of it has been decreased;
3) in case of the loss of the cargo or luggage which has
been submitted for transportation with the declared value - in
the amount of the declared value of the cargo or luggage if it is
not proved that this value is below its actual cost.
Article 378. Claims and Suits to Transportation
Before a suit is made to the carrier related to the
transportation a claim must be made to the carrier.
Claims may be made within six months while claims for the
payment of fines and bonuses - within 45 days. The carrier shall
be obliged to consider the claim made and notify the claimant on
meeting or rejection of the claim within three months or - in
relation to claims to the transportation effected by carriers of
different types of transport by the same document - within six
months, and a claim on the payment of a fine or bonus - within 45
days.
If a claim has been rejected or the answer has not been
received within the time established by this Article, the
claimant shall be given two months for making a suit as from the
day the answer was received or the time established for the
answer has been expired.
A six-month period shall be established to the making by the
carrier of suits stemming from transportation to the consignors,
consignees or passengers.
The term of prescription by the lawsuit and the procedure of
making suits on disputes connected with international
transportation shall be established by transport statutes (codes)
or international agreements (treaties).
Article 379. Liability of the Carrier for the Causing of
Death or Damage to Health of the Passenger
Liability of the carrier for the causing of death or damage
to health of the passenger shall be defined by the rules of the
chapter on the obligations arising due to the causing of harm of
this Code, unless the law does not stipulate a higher liability.
Chapter 33. INSURANCE
Article 380. Insurance Contract
According to the insurance contract one party (insurer)
shall undertake, in case of insurance case, to pay insurance
reimbursement or the insurance amount to the other party (the
insured) or another person authorized to receive this amount,
while the other party shall undertake to pay insurance fees
within the established time and meet other conditions of the
contract.
Insurance relations shall be regulated by special
legislation.
Articles 381, 382, 383, 384 have lost their force.
Chapter 34. KEEPING OF PECUNIARY RESOURCES AND SETTLEMENT
Article 385. Regulation of Relations on the Keeping of
Pecuniary Resources and Settling of Payments
Relations on the keeping of pecuniary resources by banks,
execution by them of other bank operations, including operations
based on contracts of bank accounts and bank deposits, shall be
regulated by special legislation.
Articles 386, 387, 388, 389 have lost their force.
Chapter 35. LOAN
Article 390. Loan Contract
According to the loan contract one party (creditor, lender)
shall transfer to the other party (borrower) for ownership (full
economic management or operative management) money or things
defined by typical characteristics, while the borrower shall
undertake to return to the creditor the same amount of money and
the equal number of things of the same type and quality.
The loan contract for the amount over five minimum salaries
must be made in writing.
The loan contract shall be considered made from the time the
money or things are transferred.
Collection of interests on the loan contract shall be
allowed only in cases established by the legislation as well as
according to lending operations of cashdesks of mutual help and
pawnshops.
Article 391. Disputing the Loan Contract
The borrower shall have the right to dispute the loan for
the absence of money proving that money or things in reality have
not been received by him from the creditor or have been received
in the mount smaller than specified in the contract.
In cases when the loan contract must be made in writing
(Article 390 of this Code) it shall not be allowed to dispute it
for the absence of money by witness evidence except in case of
actions liable to criminal responsibility.
Article 392. Loan Operations of Banks
Loan operations of banks shall be regulated by special
legislation.
Article 3921. Loan Operations of Pawnshops
Pawnshops shall give to the citizens loans secured by items
of household or personal use in accordance with the legislation
on pawn.
The limit amount and number of loans which may be given to
one person as well as the time period for which loans are given
shall be determined by the Typical Statute of the Pawnshop
approved by the Council of Ministers of the Republic of Belarus.
Article 393. Loan Operations of Public-Help Cashdesks and
Art-Union Funds
Public-help cashdesks of trade union committees of
enterprises, institutions and organizations shall give to workers
and clerks long-term and short-term loans. Mutual-help cashdesks
in collective farms shall give loans to collective farmers. Funds
of art unions shall give loans to workers of literature and art.
Mutual-help cashdesks of pensioners of social security
departments of executive committees of regional, urban,
town-district Soviets of Peoples' Deputies shall give long- and
short-term loans to pensioners.
The time periods and conditions of giving loans shall be
defined by typical (exemplary) statutes of public-help cashdesks
and statutes of art-union funds.
Chapter 36. AGENCY
Article 394. Contract of Agency
According to the contract of agency one party (agent) shall
undertake to perform definite legal actions in the name and at
the expense of the other party (trustee).
The trustee shall undertake to pay the agent remuneration if
payment of remuneration is stipulated by the law or the contract.
Article 395. Performance of Agency in Accordance with the
Instructions of the Trustee
The agent shall undertake to perform the agency given to him
in accordance with the instructions of the trustee.
The agent shall have the right to deviate from these
instructions if it is necessary, due to circumstances of the
case, in the interests of the trustee and the agent could not ask
the trustee in advance or did not receive in due time the answer
to his request.
In this case the agent shall be obliged to inform the
trustee of the made deviations as soon as this notification
became possible.
Article 396. Person Execution of the Agency by the Agent
The agent shall undertake to execute personally the agency
given to him. He shall have the right to transfer the execution
of the agency to another person (deputy) only in cases stipulated
by Article 70 of this Code.
In these cases the agent shall be responsible only for the
selection of the deputy.
The trustee shall have the right to reject the deputy
selected by the agent.
Article 397. Report of the Agent
The agent shall be obliged to:
1) report to the trustee on his demand all information on
the progress of execution of the agency;
2) on execution of the agency, without delay, present to the
trustee a report with justifying documents attached, if this is
required by the nature of the agency;
3) without delay, transfer to the trustee all received in
connection with the execution of the agency.
Article 398. Duties of the Trustee
The trustee shall be obliged, without delay, to accept from
the agent all executed by the latter in accordance with the
contract.
The trustee shall be also obliged, unless the contract does
not stipulate otherwise:
1) to provide the agent with the resources necessary to
execute the agency;
2) to reimburse the agent for the expenses incurred which
were necessary to execute the agency;
3) on execution of the agency - to pay the agent the
remuneration if such is to be paid (Article 394 of this Code).
Article 399. Termination of the Contract
The contract of agency shall be also terminated, except the
general grounds for the termination of the obligations, due to:
1) it being canceled by the trustee;
2) the rejection by the agent;
3) the death of the citizen participating in the contract,
or recognizing him incompetent, partially competent or missing;
4) the liquidation of the legal person.
The trustee shall have the right to cancel the agency while
the agent shall have the right to reject the agency at any time.
An agreement on the rejection of these rights shall be invalid.
If the agent has rejected the contract in conditions when
the trustee is deprives of possibility to secure his interests in
other ways, the agent shall be obliged to reimburse for the
losses caused by the termination of the contract.
Article 400. Consequences of the Termination of a Partially
Executed Contract
If the contract of agency has been terminated before the
agency has been executed in full, the trustee shall be obliged to
reimburse the agent for the expenses incurred while executing the
agency, or when the agent was due to receive remuneration - also
to pay him the remuneration in proportion to the work performed
by him.
This rule shall not be applied to the execution by the agent
of the agency after he has learned or must have learned about the
termination of the agency.
Article 401. Liabilities of the Successors of the Agent
In case of death of the agent his successors shall be
obliged to inform the trustee about termination of the contract
of agency and take measures required to protect the property of
the trustee.
Similar obligations shall be born by the liquidator of the
legal person which has acted as the agent.
Chapter 37. COMMISSION
Article 402. Contract of Commission
According to the contract of commission one party
(commission agent) shall be obliged on the instruction of the
other party (client) to make, for remuneration, for the client
one or several transactions in his own name.
Commission shops shall make contracts of commission for the
sale, through retail system, of both new and second-hand consumer
goods and home items, art products, applied art products,
antiquities, with the exception of articles which are forbidden
to be accepted and sold through commission shops.
The procedure of approval of these rules shall be
established by the Council of Ministers of the Republic of
Belarus.
Article 403. Form of the Contract
The contract of commission must be made in writing (Article
49 of this Code).
Article 404. Rights and Duties of the Commission Agent on
Transactions with the Third Person
As regards a transaction made by the commission agent with a
third person, the commission agent shall acquire the rights and
become liable, although the client has been mentioned in the
transaction or has entered with the third person into direct
relations on the execution of the transaction.
Article 405. Rights of Ownership of the Client
Property which has been received by the commission agent
from the client or has been acquired by the commission agent for
the client shall be the property of the latter.
Article 406. Execution of the Commission Agency
The commission agent shall be obliged to execute the
undertaken agency on conditions most beneficial for the client.
If the commission agent makes a transaction on conditions
more beneficial that those specified by the client, all benefit
shall be transferred to the client.
Article 407. Deviations from the Instructions of the Client
The commission agent shall have the right to deviate from
the instructions of the client in cases stipulated by Article 395
of this Code.
The commission agent who has sold the property at a price
below the one established by the client shall be liable to
reimburse the latter for the difference if he does not prove that
it has not been possible to sell the property at the established
price and the sale at a lower price has prevent even greater
losses.
If the commission agent buys the property at a price above
the price set for him by the client, the client who does not wish
to accept such purchase shall be obliged to notify about this the
commission agent without delay on receiving a notification on the
making of a transactions with a third person. Otherwise, the
purchase shall be recognized as accepted by the client.
If the commission agent informs that he accepts the
difference in price for his expense the client shall not have the
right to reject the transaction made for him.
Article 408. Price of Things Sold by the Commission Agent
The sale price of things accepted by the commission shop
shall be determined by agreement of the parties.
The sale price of antiquities and unique things and works of
art shall be determined through a special evaluation.
The price of a thing, that has not been sold within the
period set by the rules (Article 402 of this Code), may be
reduced on agreement with the client. If the client does not
appear for the revaluation of the thing when called, the shop
shall reduce the price in accordance with the rules.
The sale price for excessive agricultural produce accepted
by a consumer cooperative organization from collective farms for
sale shall be determined by agreement of the parties.
Article 409. Execution by the Commission Agent of a
Transaction with the Third Person
The commission agent must execute all obligations and
exercise all rights stemming from the transaction made by him
with a third person.
The commission agent shall not be answerable before the
client for the execution by the third person of a transaction
made with him for the client, except cases when the commission
agent undertakes the guarantee of performance by the third person
of this transaction (del credere).
In case the third person violates the transaction made with
him by the commission agent, the commission agent shall be
obliged, without delay, to notify of it the client, collect and
provide the necessary proofs.
The client, when informed of the violation by the third
person of the transaction made with him by the commission agent
shall have the right to demand that the claims of the commission
agent to this person on the above transaction be transferred to
him (client).
Article 410. Liability of the Commission Agent for the Loss,
Partial Loss or Damage of the Property of the
Client
The commission agent shall be answerable before the client
for the loss, partial loss or damage of the property of the
client held by the commission agent, if he does not prove that
the loss, partial loss or damage has been made by no fault of
his.
If when the commission agent accepts a property sent by the
client or received by the commission agent for the client this
property has damages or losses which can be seen during its
outside inspection as well as if somebody causes damage to the
property of the client kept by the commission agent, the
commission agent shall be obliged to take measures to protect the
rights of the client, collect the required proofs and inform
about all this, without delay, the client.
The commission agent who has not insured the property of the
client kept by him shall be answerable for this only in cases
when the client has instruction him to insure this property or if
he insurance of the property is compulsory on the strength of the
law.
Article 411. Report of the Commission Agent on the Execution
of the Agency
On executing the agency the commission agent shall be
obliged to submit to the client a report and to transfer to him
everything received on the executed agency as well as, on the
order of the client, transfer to him all the rights in relation
to a third person stemming from the transaction made by the
commission agent with this third person.
If the client has objections on the report he shall be
obliged to inform of them the commission agent within three
months as from the day the report was received. Otherwise, the
report shall be considered accepted provided no other agreement
has been made.
The commission shop shall pay the money to the client, less
the commission fee due to the shop, not later than three days
after the thing was sold.
Article 412. Acceptance of the Execution of the Agency by
the Client
The client shall be obliged:
1) to accept from the commission agent everything executed
on his instruction;
2) to inspect the property acquired by the commission agent
for him and inform the latter without delay about drawbacks
detected in this property;
3) exempt the commission agent from the obligations
undertaken by him for the execution of the agency before the
third person.
Article 413. Commission Fee
On executing the agency the commission agent shall have the
right to receive from the client remuneration. If the commission
agent has undertaken the guarantee for the execution of the
transaction by a third person (Article 409 of this Code), then
for the guarantee the commission agent shall receive from the
client a special remuneration.
The amount of remuneration as well as remuneration for del
credere shall be determined by the agreement of the parties,
unless the law specified otherwise.
Article 414. Reimbursement of Expenses for the Execution of
the Agency
The client shall be obliged, in addition to the payment of
the commission remuneration, and in relevant cases payment of
remuneration for del credere too, to reimburse the commission
agent for the amounts spent by him on the execution of the
agency.
The commission agent shall not have the right for
reimbursement of expenses related to the keeping of the clients'
property, unless the law or the contract specified otherwise.
All expenses on the delivery of agricultural produce
transferred for commission to the place of their sale specified
in the contract shall be referred to the expense of the client,
unless the contract stipulated otherwise.
Article 415. Deduction by the Commission Agent of the
Amounts Due to Him
The commission agent shall have the right to deduct from all
amounts received by him at the expense of the client the amounts
due to him according to the contract of commission.
Article 416. Execution of the Agency by the Commission Agent
after the Death of the Client or Termination of
the Legal Person Who Is the Client
In case of the death of the client, or if the client has
been recognized incompetent, partially competent, missing as well
as in case of the termination of the legal person who acts as the
client, the commission agent shall be obliged to continue the
execution of the agency given to him until the successors or
respective representatives of the client give relevant
instructions.
Article 417. Refusal of the Commission Agent to Execute the
Agency
The commission agent shall not have the right, unless the
contract stipulates otherwise, to refuse to execute the
undertaken agency, with the exception of cases when this is
caused by the impossibility to execute the agency or the
violation by the client of the contract of commission.
The commission agent shall be obliged to inform in writing
the client of the refusal; in this case, the contract of
commission shall retain its force within two weeks as from the
day the client was informed by the commission agent about the
refusal to execute the agency.
If the commission agent refuses to execute the undertaken
agency due to a violation of the contract of commission by the
client, he shall have the right to receive both the reimbursement
of the expenses incurred and the commission remuneration.
Article 418. Disposal of the Property of the Client after
the Refusal of the Commission Agent to Execute
the Agency
The client, notified about the refusal of the commission
agent to execute the agency shall be obliged, within one month
from the day the refusal was received, to dispose of the property
being held by the commission agent.
The same obligation shall also be on the client in case he
cancels the agency given by him to the commission agent (Article
419 of this Code).
If the client within the above period does not dispose of
the property held by the commission agent, the commission agent
shall have the right to place this property on keeping at the
expense of the client or for the purpose of coverage of his
requirements to the client - sell this property at the price
possibly most beneficial for the client.
Article 419. Cancellation of the Agency by the Client
If the client has canceled the agency given by him to the
commission agent in full or in part before the commission agent
makes relevant transactions with third persons, he shall be
obliged to pay the commission agent the commission remuneration
for the transactions made by him before the cancellation of the
agency, as well as reimburse the commission agent for the
expenses incurred by him before the cancellation of the agency.
The citizen shall have the right to demand, at any time,
that the things placed by him to the commission shop for sale
which have not been sold as yet should be returned, reimbursing
the storage (keeping) expenses at the established rates.
Chapter 38. KEEPING
Article 420. Contract of Keeping
According to the contract of keeping one party (the keeper)
shall undertake to keep the property transferred to it by the
other party and return this property untouched.
The contract of keeping made between organizations may also
envisage the obligation of the keeper to accept for keeping the
property which will be transferred to it by the other party.
The contract of keeping shall be free of charge, unless the
law or contract stipulates otherwise.
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### SEE PART 5 FOR CONTINUE ###
