Are you thinking about online advertising for your business? If so, you`ll likely stumble upon the complex and lengthy online advertising deal of the site host. Make sure you understand before you agree. 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. In addition to the convenience of letting someone act on your behalf, an agency contract can also arise from necessity. For example, if you are faced with a legal case, you will probably need to be represented by a qualified lawyer.
The appointment of this lawyer constitutes an agency contract between you and the lawyer and authorizes the lawyer to act on your behalf. In addition, Europe applies a directive (Directive 86/653/EEC) to harmonise national laws on commercial agent contracts. This directive is of great importance for all agency contracts within the European Union. The Directive contains binding provisions applicable to all activities carried out on European territory. The application of US law to an agreement between a European agent and an American principal would remove the european Commission`s protection structure. To avoid this, the Court of Justice has decided to give binding effect to the Directive. A European representative can therefore invoke European law at any time if non-European law has been elected in the agency contract. Agency contracts are useful in many different situations. The specific method followed by the agency contract may affect the legality of the agreement.
These are some of the most common forms of agency contracts: manufacturers and suppliers of goods often appoint agents who act on their behalf in the field of sales promotion, both in the manufacturer`s home country and abroad. As a rule, a formal agreement is signed that sets out the commission received by the agent, the territory, the duration and other conditions under which the client and the agent will do business together. In addition, a commercial agent contract is terminated by: at the request of the commercial agent, the sub-district court may annul all or part of the non-competition clause if the clause inappropriately harms the commercial agent with regard to the protection interest of the client. . . .