The Legal Nature and Relationship of Distribution and Dealer Agreements
EDN: VQFDRA
Abstract
Introduction. The article explores the legal nature of distributor and dealer agreements, which are widely used in business but lack clear legislative regulation in Russian law. The author examines the problem of the absence of legal definitions for these contracts, leading to ambiguity in their classification in judicial practice and legal doctrine. Attention is also given to the international aspect, as distributor agreements often involve foreign companies.
Methodology and materials. The research is based on the analysis of Russian and international legislation, judicial practice, as well as scientific legal and economic literature. The methodological framework employs comparative legal and systemic approaches, which help identify the specifics of distributor and dealer agreements in relation to other contractual structures, such as supply, agency, and paid services.
Results and discussion. The author concludes that distributor and dealer agreements have the legal nature of mixed contracts and include elements of various named contracts (supply, agency, paid services). Judicial practice also often qualifies these agreements as mixed, allowing the application of norms from relevant contracts. It is established that both types of agreements belong to the category of “entrepreneurial contracts,” with the key difference lying in their subject composition: distributors act as wholesalers, promoting the manufacturer’s goods, while dealers engage in retail sales, thus being closer to the end consumer.
Conclusions. The article identifies significant differences between distributor and dealer agreements, primarily in the specificity of their subject composition. The legal nature of the examined contracts is clarified, and the approaches of judicial practice to their classification are analyzed. The author emphasizes the need for further research and improvement of the legal regulation of distributor and dealer agreements. The results of the study may be useful for practicing lawyers and for the development of legislative initiatives in the field of civil law.
About the Author
N. A. Dorokhova
Kutafin Moscow State Law University
Russian Federation
Russian Federation
Natalia A. Dorokhova - Associate Professor of the Department of Civil Law, PhD in Jurisprudence
Moscow
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Review
For citations:
Dorokhova N.A. The Legal Nature and Relationship of Distribution and Dealer Agreements. Theoretical and Applied Law. 2025;(2):101-114. (In Russ.) EDN: VQFDRA
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