Commercial law - European Commercial law
15 important questions on Commercial law - European Commercial law
What is a commercial agent?
What are the obligations of the principal?
- He must provide his agent with all necessary documentation relating to the goods concerned
- Obtain information necessary for the performance of the agency contract and notify the agent when he anticipates that the volume of the commercial contracts will be lower than the agent would have expected.
- Inform the agent of any acceptance, refusal and of non-execution of a transaction.
How is an agency contract concluded?
- If undefinite, each party may terminate it
- The period of notice shall be one month for the first year of the contract, two months for the second year commenced, and three months for the third year commenced and subsequent years.
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When can a commercial contract be terminated?
In case of:
- 1 of the 2 parties cannot carry his obligations.
- Exceptional circumstances.
When does the commercial agent has rights to indemnity (vergoeding)?
- The payment of this indemnity is equitable having regard to all the circumstances and, in particular, the commission lost by the commercial agent on the business transacted with such customers.
In what case would a restraint of trade clause be valid?
- If it related to the geographical area or the group or customers and the geographical area entrusted to the commercial agent and to the kind of goods covered by his agency under the contract.
Can not be valid more than 2 years.
Explain how the European legislation protects businesses from misleading advertisement?
What is misleading advertisement?
Advertisements which mislead or which may mislead the people who receive them are forbidden, it could affect the economic behaviour of consumers and traders.
On what criteria does the misleading nature of advertisements depends?
- The characteristics of the goods or services (availability, nature or composition, method of manufacture or provision, origin, etc.), the results to be expected from their use, and the results of quality checks carried
- The price or the manner in which the price is calculated.
- The conditions governing the supply of the goods or services
- The nature, qualities and rights of the advertiser (identity and assets, qualifications, intellectual property rights, etc.).
What is comparative adverstisement?
- Comparative advertising explicitly or by implication makes reference to a competitor or competing goods or services
- This type of advertising is only permitted when it is not misleading.
What can courts or administrative bodies do against misleading advertisement?
- They can prohibit illicit advertisement which has not yet been published.
What are the 2 unfair practices towards consumers?
- Agressive commercial practices
What are the criterions of misleading practices towards consumers?
- Incorrect information that might deceive theconsumer on :
1)The nature of the product or the service
2)The most important characteristics of the product or the service
3)The price
4)The necessity of the service
- Consumer decides to make a transaction that normally he would not have made
- Misleading omission: Essential information is left out that the consumer needed to make a well informed decision about a transaction
What are characteristics of agressive commercial practices towards consumers?
- Intimidation, force, violence that limits a consumer’s freedom of choice and makes him make a decision he would not have taken otherwise
- Indications to judge the force, violence …
- Blacklist of aggressive commercial practices:
-Insist in calling a consumer
-Visit a consumer at home and refuse to leave
What are the 3 Unfair practices towards others than consumers and explain them?
- General rule: Prohibition for unfair market practices that harm the professional interest of another firm/company.
- Advertisement: May not be misleading, may not contain negative data about another company or it’s goods or services and may not identify other companies without a justified reason.
- Prohibited practices: Legal interpretations to avoid interpretative court decisions.
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