It is important to define, in agency contracts, in which situations and under what conditions the commission should be paid. The parties are free to agree on the amount of the commission. If a clientele and/or territory have been assigned to the sales agent, this is only the case, unless it has been expressly agreed that this was not the case (Article 7:431, paragraph 1, point c) of the Dutch Civil Code). Therefore, it is important (from the client`s point of view) to explicitly declare in an agency agreement that there is no exclusivity. The characterization of a contract as a commercial agency, the key to access to protection status under the 1991 Act, is the focus of our attention this month. In this case, a supplier and a distributor had entered into two contracts on the same day. The first, a commercial (…) In addition, this contract is defined and regulated by the Agency Contracts Act. Over the years, the case law has defined and limited the agreement and resolved the most problematic issues. The most important issue is customer compensation, which is not mentioned in any of the cases of termination of an agency contract.
An agency agreement has no form. However, a written agreement is preferable from the point of view of the evidence, but even if there is no written agreement, a judge may judge on the facts that there is an agency contract. Article 7:428, paragraph 3, of the Dutch Civil Code stipulates that each party is required to grant the other party, at its request, a written agency contract. Although the parties give a different title to the agreement (for example. B cooperation agreement), but whether they have the aforementioned characteristics of an agency agreement, this should be considered an agency agreement. In this case, the (compulsory) legislation of the Dutch law on commercial agencies applies. A final, but certainly not insignificant, aspect of the agency contract is the question of what right applies to the relationship between the agent and the client. The main rule is that the agency contract is governed by applicable law in the country where the agent is established or established. In the agency contract, the parties can agree that the contract is governed by another legal system.
In this case, an intermediary had entered into a social contract in which he had to seek out buyers who wished to invest in residential real estate for a fee that was to be paid after the signing of the genuine sales contracts and the obtaining of the funds. A clause in the contract that is provided for the (…) A commercial agency contract is a contract of common interest that is subject to a duty of bilateral loyalty (Com.C. art. L. 134-4). If the client does not comply with this obligation, he can attribute the violation initiated by the agent and, therefore, the (…) The role of an agency contract and a distribution contract is fundamental to the sale of products, but not everyone knows the difference between them and, according to legal criteria, the differences between the two contracts are significant.