This list is exhaustive. However, if the agent is incurred by one or more of the above risks or costs, the agreement between the agent and the client shall not qualify as a commercial agent contract. The question of risk must be assessed on a case-by-case basis and on the basis of the economic reality of the situation and not on the legal form. For practical reasons, the risk analysis can begin with the assessment of the risks specific to the contract. If the agent can take risks specific to the contract, it is sufficient to conclude that the agent is an independent distributor. On the contrary, if the agent does not take risks specific to the contract, the analysis must be continued by assessing the risks associated with market-specific investments. If the agent does not take risks and contractual risks related to market-specific investments, it may be necessary to take into account the risks related to other necessary activities in the same product market. © European Commission The non-competition clause referred to in Article 7:443 of the Dutch Civil Code, which contains a compelling right, restricts the commercial agent`s freedom of work after the termination of the commercial agent contract. The clause is only valid if the need to qualify a contract, so-called commercial agent, can arise in an international context, a situation that raises not only the question of the application of the qualification criteria, but also, perhaps more delicately, the question of their identification. A contract entitled (…) The qualification of a commercial agency contract, the key to access to the protection status deriving from the 1991 law, is the subject of our attention this month.
In this case, a supplier and a sales intermediary had concluded two contracts on the same day. The first, an advertisement (…) 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. A subcontract is a contract the purpose of which is to fulfill all or part of a master order. . . . .