The channel`s commission indemnity obliges the supplier to allow the channel to verify the amount due to it, even if the qualification of the commercial agent is not taken into account. This is implicitly the lesson to be drawn from a judgment of the Versailler of 23 April (…) In addition, this contract is defined and regulated by the Agency Contracts Act. During these years, case law has defined and limited the agreement and resolved the most problematic issues. The most important issue is the compensation of customers, which is not mentioned in any of the cases of termination of an agency contract. The role of an agency contract and a distribution contract is fundamental in the sale of products, but not everyone knows the difference between them and according to the legal criteria, the differences between the two contracts are important. Therefore, in order to understand what agency and distribution agreements are, we must first define any type of agreement. A final aspect of the mediation contract, but certainly not unimportant, is that of knowing which right applies to the relationship between the intermediary and the client. The main rule is that the agency contract is subject to the law applicable in the country where the agent is or has been established. In the agency contract, the parties may agree that the contract is subject to another legal order. The establishment of a clause in a mediation contract on the right to payment of goodwill is therefore tailor-made and deserves particular attention, since both legislation and provisions stemming from case-law must be taken into account.
An agency contract has no form. However, a written agreement is preferable from the point of view of evidence, but even in the absence of a written agreement, a judge may judge, on the basis of the facts, the existence of an agency contract. Article 7:428(3) of the Netherlands Civil Code provides that each of the parties is required to make available to the other party, at its request, a written agency contract. Even if the parties give another ownership to the contract (e.g.B. cooperation contract), but have the aforementioned characteristics of an agency contract, it should be seen as an agency contract. In this case, the (mandatory) legal provisions of the Dutch Commercial Agents Act apply. There are three types of financial or commercial risks essential to the definition of a commercial agent contract for the purposes of Article 101(1). First, there are contract-specific risks that are directly related to contracts concluded and/or negotiated by the agent on behalf of the contracting entity, such as. Β the financing of stocks. Second, there are the risks associated with market-specific investments.
These are investments which are specially necessary for the nature of the activity for which the agent has been appointed by the contracting authority, i.e. which are necessary to enable the agent to conclude and/or negotiate such a contract. These investments are usually sunk, which means that the investment cannot be used or sold for other activities after leaving that particular sector, except with a significant loss. Third, there are risks associated with other activities carried out on the same product market, in so far as the contracting entity requires the agent to carry out such activities, not as an agent on behalf of the contracting entity, but at his own risk. It is important to define, in agency contracts, in which situations and under what conditions the commission must be paid. The parties are free to agree on the amount of the commission. An example of an agency contract is in an employment environment where a superior authorizes an employee to carry out a particular project. It is possible to conclude an agreement describing the different tasks of the agent. The commercial agent contract is definitely at the center of this quarter`s jurisprudence. The conditions and challenges of the qualification (cf. .