European commercial law - commercial agency

7 important questions on European commercial law - commercial agency

Definition of a commercial agent

Is self employes intermidiary who negotiates the sale or purshase of good on behalf of another person called the principal

Does a commercial agent have the power to enter binding commitments on a company or partner?

No, the commercial agent has no authority to enter a binding commitment with the company or partner,

also he is not a receiver, receiver and manager, trustee in bankruptcy, or a liquidator

What are the obligations of the commercial agent and get a little more detailed

Must look after the principals interest and must act dutifully and in good faith,

  1. make proper efforts to negotiate and where he can conclude the transaction instucted by the principal
  2. communicate all the available info to the principal
  3. comply with the instructions given by the principal
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What are the obligations of a principal?

Must act in good faith and dutifully

  1. must provide the commercial agent with the necessary documentation on the subject
  2. communicate in a timely manner to the agent that the volume of the transaction will be significantly lower than the agent thought
  3. inform in a timely manner if the transactions is refused, accepted which the agent procured for the principal

How is the contract of a commercial agent managed?

  • Fixed or indefined
  • if undefined, 1 month for 1y, 2 month for 2y and if more 3 months

In which case does a commercial agent get an indemnity

When the principal has gained significanlty new costumers or when bussiness with existing customers has increased

the indemnity will be more or less equal to the compensation the agent missed on the business transacted with these customers

What is the max period for a restaint of trade clause?

2 years

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