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Сообщение от Olga Ozolina
Actually, in Russia the freedom of contractual relations guaranteed by the CC. What you can invite the Government to create? Just develop a competent standard contract - probably not enough.
Please specify!
A question to the Government, and that it does not "trampled" - this, as you rightly pointed out, is one of the tasks of the Trade Union of Artists. We have so many things offered, many were adopted and are now working, and do not trample us, as you can see  |
Let us define.
I asked you about how to integrate art into EXP, asking to give a detailed answer. You have unsubscribed.
I asked a second time and your actions to protect the legitimate rights and interests of artists. Once again you have unsubscribed.
As they say in such cases, I am not satisfied with your (not on the merits of the questions) formal replies and still ask to answer them.
Questions, in my opinion, is far from idle.
Moreover, I am not a member of your union, but you voluntarily come to our forum, which implies a desire to communicate, not just vysskazat own point of view.
As the discussion shows, is far from certain.
Now, in fact your post.
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The point is not to develop a good (correct) model contract.
I believe that under the law on consumer protection, the Government of the Russian Federation may establish a special procedure for sales of original works.
No littering message numerous references to the regulations, I would like to note that the Civil Code provides various forms of selling goods to the consumer, including komissilnnaya sale.
In this case the seller is completely determined by the contract for remuneration within precisely defined contract term guarantee of product, the selling price which set the terms of the contract (by mutual agreement of the parties).
It is not hard to observe the terms of contracts submitted by sellers of the artist is not the same immutable requirements of the Civil Code.
Law does not provide perpetual sale of goods at any price with the seller to pay the artist a pre-agreed price, not corresponding to the real selling price.
Thus, for the sale of works of art for any price the seller, the seller must first buy a picture.
Reluctance obeh parties to pay taxes prescribed amount, leads to what is for sale "in black" - no reflection of transactions in the documents buhotchetnovsti.
A similar procedure and resale picture.
I do not distribute such a mess on the auction sale.
There's their ploy.
Example. Not so long ago, the forum discussed a specific situation, which hit the family of the deceased artist, who before his death, passed several papers on the implementation of one of the capital's galleries. Three-year requirement (of the Civil Code) has expired, the contract (receipt) deadline requirements are not installed. According to the gallery, paying the work was allegedly done to himself (at the moment when the artist was no longer alive). Intense discussion on the forum (which was known galaree) helped to resolve the situation. However, prices do not match seven years ago today.
So that a fair resolution of the situation is not received.
And such examples - a lot.
Thus, there is a systematic violation of human rights is not only an artist but also the law.
Under such conditions can we say about the reliability of EXP?
And, in my opinion, the main indicator - the volume and selling prices quite a particular artist.
In the development of the subject was asked Artcol.
Artist as happy as a clam at high tide to put their pictures in the gallery and is ready for it even surcharge.
Therefore, he even did not stir the mind to go to court demanding the acceptance of the model contract (receipt) some kind of picture does not comply with the requirements of current legislation of Russian Federation (illegal).
The artist, who will dare to take this step, obviously was denied in the other galleries. That and the emergence of the artist all the intractable problems. With the realization of their works. With the receipt of at least some income. With a complete lack of money. With all the attendant has seized the circumstances, including public devastating assessment of his work and his personal abilities.
Enemy no such desire.
Therefore, one of the top priorities (not important - what kind of organization) is the guidance of legal order in sales.
Aspects of this issue - do not count. This, in particular, and the aspect of royalty and qualification exp.
Separately from the settlement of the question, as applied practice EXP (which actually takes place) will continue to be arbitrary - at the discretion of the seller.
Surely EXP was designed for the oppression of the artist?
And in a life turns out that way.
Unfortunately.
It is for these reasons, I believe it necessary to establish a special legal (other than the sale of potatoes) order sales of original works in the interests of not only artists but also end users who purchase works of art for personal purposes. With the inclusion of all relevant to the issue of existing law (ie, the right act of direct action).
For more details on this issue in the Model Contracts (receipts) of galleries and art shops. Collect them and return to legal expertise. Immediately be returned to the theme.