市场平台的合同责任

Elena Abrosimova
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引用次数: 0

摘要

电子商务的快速发展产生了新的民事交易主体。市场是法律地位模糊的商品集散地。市场不仅仅是一个信息中介:它是一个拥有高度发达物流的生态系统,提供卖方和买方之间的互动,以及有关商品和交货地点的信息。此外,它还通过应用各种解决工具来解决卖方和买方之间的纠纷。文章描述了与市场生态系统相关的关系的法律性质,即市场与卖方之间、市场与交货点之间、市场与买方之间的关系。作者还评估了市场与买方和卖方之间传统买卖关系的融合情况。双方签订佣金合同、代理协议和收费服务合同,每种合同都有其具体内容。作者界定了卖方-市场-消费者贸易链中合同责任的界限。如果卖方与买方的关系受到侵犯,市场的责任需要扩大,因为市场承担着核实卖方可靠性和商品质量的责任。作者从理论角度对 2023-2024 年有关市场的立法倡议进行了分析,并就如何完善俄罗斯联邦的电子商务立法提出了一些建议。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Contractual Responsibility of Marketplaces
The rapid development of e-commerce generates new subjects of civil turnover. Marketplaces are commodity aggregators with a vague legal status. A marketplace is more than an information intermediary: it is an ecosystem with highly developed logistics that provides interaction between the seller and the buyer, as well as information about goods and delivery points. In addition, it settles disputes between sellers and buyers by applying various resolution tools. The article describes the legal nature of the relations connected with marketplace ecosystems, i.e., between the marketplace and the seller, between the marketplace and the delivery point, between the marketplace and the buyer. The author also assessed the integration of the marketplace into the classic purchase-and-sale relationship between the buyer and the seller. These parties sign commission contracts, agency agreements, and fee-based service contacts, each of which has its specifics. The author defined the limits of contractual liability in the seller – marketplace – consumer trade chain. If the seller – buyer relations are violated, the responsibility of the marketplace needs to be expanded because the marketplace undertakes to verify the reliability of sellers and the quality of goods. The author applied a doctrinal perspective to the legislative initiatives of 2023–2024 in relation to marketplaces, as well as developed some recommendations on how to improve e-commerce legislation in the Russian Federation.
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