Textbook of Commercial Law, PART TWO. COMMERCIAL TRANSACTIONS

Textbook of Commercial Law, PART TWO. COMMERCIAL TRANSACTIONS

The textbook presents the legal matter of commercial transactions in a comprehensive and exhaustive manner. The general legal framework, the conclusion, performance and non-performance of commercial transactions, commercial collateral and the transfer of rights are successively examined. The individual types of commercial transactions are presented with their specifics - commercial sale, leasing contract, commission and forwarding contract, transport contract, insurance, current account contract, bank transactions, securities, safe deposit box rental contract, bill of exchange effects, public warehouse deposit contract, franchising, factoring and forfeiting. As in the first part, the presentation is broken up with individual verses from "Commercial Law Poem" - part of the legal poems cycle by Prof. Gerdzhikov.

Target audience: Law students and professors, practicing lawyers, traders and managers of commercial companies.

ABBREVIATIONS USED
INSTEAD OF FOREWORD

Chapter One
LEGAL FRAMEWORK, CONCEPT AND TYPES OF COMMERCIAL TRANSACTIONS
§ 1. Legal framework
§ 2. Concept of a commercial transaction
§ 3. Types of commercial transactions
§ 4. Abuse of right

Chapter Two
CONCLUSION AND EXECUTION OF COMMERCIAL TRANSACTIONS
§ 5. Conclusion of commercial transactions
5.1. General rules
5.2. Special rules
5.3. Transactions under general conditions
5.4. Complication in forming consent
§ 6. Action without representative authority
§ 7. Execution of commercial transactions
§ 8. Interest

Chapter Three
FAILURE TO PERFORM COMMERCIAL TRANSACTIONS
§ 9. Nature and forms of default
§ 10. Special rules in the event of non-performance of commercial transactions
10.1. Force majeure
10.2. Economic Intolerance
10.3. Bookmark
10.4. Penalty

Chapter Four
TRADE SECURITIES
§ 11. Concept and types of collateral
§ 12. Peculiarities of commercial collateral
§ 13. Commercial pledge
13.1. Ordinary commercial pledge
13.2. Legal bet
13.3. Special bet
13.4. Bank pledge
13.5. Financial collateral
§ 14. Commercial lien

Chapter Five
TRANSFER OF RIGHTS
§ 15. Commercial bill of exchange
§ 16. Giro
16.1. Concept
16.2. Functions
16.3. Types of endorsements

Chapter Six
TRADE SALES
§ 17. Concept and general characteristics of the sale
§ 18. Peculiarities of commercial sale. Types
18.1. Concept and general characteristics
18.2. Price and terms
18.3. Rights and obligations
18.4. Cover transaction
§ 19. Special rules for certain sales
19.1. Transit sale
19.2. Distance selling
19.3. Sale with additional specification
19.4. Sale with periodic execution
19.5. Sale with purchase agreement
19.6. Sale with advance payment
19.7. Sale on installments
19.8. Sale by transfer of a security
19.9. Sale at public auction with open bidding
§ 20. Incoterms
20.1. General provisions
20.2. Incoterms and franking under domestic law
20.3. Classification of terms

Chapter Seven
LEASING AGREEMENT
§ 21. Concept and types of leasing
21.1. Operating lease
21.2. Financial leasing
21.3. Rights and obligations of the parties
21.4. Subleasing

Chapter Eight
COMMISSION AGREEMENT
§ 22. Concept and general characteristics
22.1. Relationship between the principal and the commission agent
22.2. Relationship between the commission agent and the third party
22.3. Relationship between the commission agent and the principal
22.4. Relationship between the principal and the third party
§ 23. Duties of the commission agent
23.1. Obligation to fulfill the order
23.2. Obligation to report
23.3. Duty of good faith
23.4. Other obligations
§ 24. Obligations of the principal
24.1. Obligation to accept the results of the executive transaction
24.2. Obligation to reimburse expenses incurred
24.3. Obligation to pay remuneration
24.4. Obligation to inspect the goods
§ 25. Entry into the enforcement transaction
§ 26. Credit transaction
§ 27. Cancellation and withdrawal of the order
27.1. Refusal of the commission agent
27.2. Order cancellation
§ 28. Consignment contract

Chapter Nine
FORWARDING AGREEMENT
§ 29. Concept and general characteristics
§ 30. Obligations of the parties
30.1. Obligations of the freight forwarder
§ 31. Prohibition of enforcement
§ 32. Obligations of the principal
32.1. Obligation for remuneration
32.2. Obligation to reimburse expenses
32.3. Notification obligation
32.4. Forwarder's guarantees
§ 33. Special types of freight forwarders
33.1. Forwarder-carrier
33.2. Multiple forwarders
§ 34. Limitation period

Chapter Ten
CONTRACT FOR CARRIAGE
§ 35. Concept and sources of transport law
§ 36. Concept, general characteristics and parties to the contract of carriage
§ 37. Conclusion and form of the contract of carriage. Transport documents
37.1. Conclusion and form of the contract
37.2. Transport documents
§ 38. Obligations of the carrier
38.1. Obligation to perform the carriage
38.2. Obligation to carry out the shipper's orders
38.3. Duty to safeguard cargo
38.4. Obligation to notify the recipient of the arrival of the cargo and hand it over to him
§ 39. Obligations of the shipper (sender)
39.1. Obligation to deliver the cargo
39.2. Obligation to pay remuneration
§ 40. Liability of the carrier
§ 41. Carriage of passengers and baggage
41.1. Passenger transportation
41.2. Luggage transportation
§ 42. Limitation period

Chapter Eleven
INSURANCE
§ 43. Concept of insurance and insurance law
§ 44. Sources of insurance law
§ 45. Insurance terms
45.1. Insured, insurer and third party in the insurance contract
45.2. Insurance risk
45.3. Insurance collateral
45.4. Insurable interest
45.5. Insured event
45.6. Insurance premium
45.7. Insurance compensation and insured amount
45.8. Insurance period
§ 46. Insurer and reinsurer
§ 47. Insurance contract – general characteristics and conclusion
47.1. General characteristics
47.2. Conclusion
47.3. Transfer of insurance contracts
47.4. Obligations of the insured
47.5. Obligations of the insurer
§ 48. Types of insurance
§ 49. Property insurance
49.1. General provisions
49.2. Overinsurance
49.3. Underinsurance
49.4. Recourse and subrogation law
§ 50. Third party liability insurance„
50.1. General provisions
50.2. Effect of the "Third Party Liability" insurance„
§ 51. Life and Accident Insurance„
51.1. General provisions
51.2. Types of Life and Accident Insurance„

Chapter Twelve
CURRENT ACCOUNT AGREEMENT
§ 52. Concept and legal essence
§ 53. Effect of the contract
§ 54. Termination of the contract

Chapter Thirteen
BANK TRANSACTIONS
§ 55. Concept and sources of banking law
55.1. Concept of banking law
55.2. Sources of banking law
§ 56. The bank as a subject of banking law
56.1. Definition of a bank
56.2. Establishment
56.3. Peculiarities in the legal regime
§ 57. Concept and types of banking transactions
57.1. Concept of banking transactions
57.2. Types of banking transactions
§ 58. Bank deposit agreement
58.1. Concept and types
58.2. Ordinary deposit
58.3. Cash deposit
58.4. Management deposit
58.5. Deposit subject to conditions and in favor of a third party
§ 59. Current account agreement
§ 60. Bank loan agreement
60.1. Concept and general characteristics
60.2. Types of loans
60.3. Early repayment.
§ 61. Letter of credit
61.1. Concept and general characteristics
61.2. Types of letters of credit
§ 62. Bank guarantee
62.1. Concept and general characteristics
62.2. Types of bank guarantees
§ 63. Bank collection. Documentary bank collection
63.1. Bank collection
63.2. Bank documentary collection
§ 64. Payment cards
64.1. Concept and legal framework
64.2. Rights embodied in the payment card
64.3. Payment card features
64.4. Types of payment cards
64.5. Legal relations

Chapter Fourteen
VALUABLE BOOKS
§ 65. Concept and types of securities
65.1. Definition of a security
65.2. Types of securities
§ 66. Transactions with securities

Chapter Fifteen
SAFE RENTAL AGREEMENT
§ 67. Concept and general characteristics
§ 68. Obligations of the parties

Chapter Sixteen
EXCHANGE EFFECTS
§ 69. Concept and types of bill of exchange effects
69.1. Concept
69.2. Types
§ 70. Bill of exchange – concept, form and content
70.1. Concept of a bill of exchange
70.2. Form and content
§ 71. Issuance, acceptance and transfer of the bill of exchange
71.1. Issuance of the bill of exchange
71.2. Presentation and acceptance of the bill of exchange
71.3. Transfer of the bill of exchange
§ 72. Payment and protest
72.1. Claim for payment
72.2. Making the payment and consequences
72.3. Protest
§ 73. Bill of exchange guarantee and mediation
73.1. Bill of exchange guarantee
73.2. Mediation in the bill of exchange
§ 74. Bill of exchange liability
74.1. Direct bill of exchange claims
74.2. Reverse (recourse) bill of exchange claims
74.3. Bill of exchange as a basis for issuing an enforcement order
§ 75. Objections to bills of exchange
75.1. Concept and types
75.2. Limitation period
75.3. Claim for unjust enrichment
§ 76. Promissory note
76.1. Concept and legal essence
76.2. Form and content
76.3. Similarities and differences between a bill of exchange and a promissory note
§ 77. Check
77.1. Concept, legal essence and functions
77.2. Form and content
77.3. Types
77.4. Legal relations in the case of a check
77.5. Issuance, transfer and withdrawal of the check
77.6. Payment

Chapter Seventeen
CONTRACT FOR DEPOSIT IN A PUBLIC WAREHOUSE
§ 78. Concept and general characteristics
§ 79. Types of public warehouses
§ 80. Obligations of the depositor
80.1. Basic obligations
80.2. Additional obligations
§ 81. Rights of the depositor
§ 82. Warehouse record

Chapter Eighteen
FRANCHISE
§ 83. Concept and general characteristics
§ 84. Obligations of the parties
§ 85. Distinction from related contracts
§ 86. Types of franchising

Chapter Nineteen
FACTORING and FORFEITING
§ 87. Concept of factoring. General characteristics
§ 88. Rights and obligations of the parties
§ 89. Distinction from similar legal figures
§ 90. Functions of factoring
§ 91. Types of factoring
§ 92. Forfeiting – concept, parties and action
§ 93. Comparison between factoring and forfeiting

POSTSCRIPT
REFERENCES