Hesselink / Rutgers / Bueno Diaz Commercial Agency, Franchise and Distribution Contracts
1. Auflage 2009
ISBN: 978-3-86653-707-1
Verlag: Otto Schmidt
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)
E-Book, Englisch, 413 Seiten, Gewicht: 10 g
Reihe: ISSN
ISBN: 978-3-86653-707-1
Verlag: Otto Schmidt
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)
The rules presented in this volume of "Principles of European Law" deal with commercial agency, franchise and distribution contracts, and with other contracts where one party uses the other party's skill and efforts to bring its products to the market. Although these Principles are not directly applicable to other long-term (commercial) contracts, some of the Articles may be applied to such contracts by way of analogy where appropriate.
The economic function of all three contracts is that they are instrumental in bringing products to the market. They are so-called vertical agreements, as they are agreements between economic actors on different levels in the production and distribution chain. Obviously, the economic importance of these contracts is enormous since they form the connection between producers and retailers who sell the products to consumers and other final users. There are only very few economic sectors where producers regularly sell their products directly to final consumer users.
Goodwill compensation after the ending of a distribution contract, the moment at which the agent's commission is due, the franchisor's obligation to maintain the good reputation of the network are but a few examples of issues where specific rules are needed in order to give legal practice some guidance and to provide practitioners with a reasonable degree of legal certainty.
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Text of Articles
Principles of European Law on
Commercial Agency, Franchise and Distribution Contracts
Introduction
Chapter 1: General Provisions
Section 1: Scope of Chapter 1
Article 1:101: Scope
Section 2: Obligations
Article 1:201: Pre-Contractual Information
Article 1:202: Co-Operation
Article 1:203: Information during Performance
Article 1:204: Confidentiality
Section 3: Ending and Termination
Article 1:301: Contract for a Definite Period
Article 1:302: Unilateral Ending of a Contract for an Indefinite Period
Article 1:303: Damages for Non-Observance of Notice Period
Article 1:304: Termination for Non-Performance
Article 1:305: Indemnity for Goodwill
Article 1:306: Stock, Spare Parts and Materials
Section 4: Other General Provisions
Article 1:401: Right of Retention
Article 1:402: Signed Written Document
Chapter 2: Commercial Agency
Section 1: General
Article 2:101: Scope
Section 2: Obligations of the Commercial Agent
Article 2:201: Negotiate and Conclude Contracts
Article 2:202: Instructions
Article 2:203: Information during Performance
Article 2:204: Accounting
Section 3: Obligations of the Principal
Article 2:301: Entitlement to Commission During the Contract
Article 2:302: Entitlement to Commission After the Contract
Article 2:303: Prevailing Entitlement to Commission
Article 2:304: Moment when Commission is to be Paid
Article 2:305: Entitlement to Commission Extinguished
Article 2:306: Remuneration
Article 2:307: Information during Performance
Article 2:308: Information on Acceptance, Rejection and Non-Performance
Article 2:309: Warning of Decreased Volume of Contracts
Article 2:310: Commission Statement and Extract from the Books
Article 2:311: Accounting
Article 2:312: Amount of Indemnity
Article 2:313: Del Credere Clause
Chapter 3: Franchise
Section 1: General
Article 3:101: Scope
Article 3:102: Pre-Contractual Information
Section 2: Obligations of the Franchisor
Article 3:201: Intellectual Property Rights
Article 3:202: Know-How
Article 3:203: Assistance
Article 3:204: Supply
Article 3:205: Information during the Performance
Article 3:206: Warning of Decreased Supply Capacity
Article 3:207: Reputation of Network and Advertising
Section 3: Obligations of the Franchisee
Article 3:301: Fees, Royalties and Other Periodical Payments
Article 3:302: Information during the Performance
Article 3:303: Business Method and Instructions
Article 3:304: Inspection
Chapter 4: Distribution
Section 1: General
Article 4:101: Scope and Definitions
Section 2: Obligations of the Supplier
Article 4:201: Supply
Article 4:202: Information during the Performance
Article 4:203: Warning of Decreased Supply Capacity
Article 4:204: Advertising Materials
Article 4:205: Reputation of the Products
Section 3: Obligations of the Distributor
Article 4:301: Distribution
Article 4:302: Information during the Performance
Article 4:303: Warning of Decreased Requirement
Article 4:304: Instructions
Article 4:305: Inspection
Article 4:306: Reputation of the Products
Annexes
