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 It is important to understand that an agency contract is not a form of employment contract. The agency contract does not cover traditional aspects of employment, including health care, leisure or retirement registrations. In addition, the duration of the agency contract is often much shorter than the duration of full-time employment.
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 commercial agent contracts: where a customer and/or territory has been assigned to the commercial agent, this only applies unless it has been expressly agreed that this is not the case (Article 7:431(1)(c) of the Dutch Civil Code. It is therefore important (from the point of view of the contracting authority) to explicitly state, in a mediation contract, that there is no exclusivity. A commercial agent contract is a legally valid contract that creates a trust relationship in which the first party (“the principal”) agrees that the actions of a second party (“the agent”) bind the client to subsequent agreements of the agent, as if the contracting authority had itself concluded the subsequent agreements. The power of the agent to retain the client is generally considered to be a legal power. The agency created by an agreement can be a form of implied authority, for example. B if a person gives their credit card to a close relative, the cardholder may be asked to pay for the parent`s purchases with their credit card. 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.
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