a) A simple agency agreement is an agreement whereby the customer has the right to sell goods through several commercial agents in Russia. b) An agency agreement with the exclusive right of sale is an agreement that requires the client to sell the goods only through the designated agent and is unable to offer the same product to other commercial agents for the duration of the agreement. c) An agency agreement with a preferential right to sale – is an agreement by which the client is obliged to offer the goods in the first place to the agent, and if the agent refuses to accept the goods, the client has the right to offer it to other commercial agents if you (as a sales agent or as a contractor) wish to be able to assist in the establishment and negotiation of a practical and legally irreconcilable agency contract or in the event of a dispute. Through the company or the termination of an agency contract, please contact us. No no. There are no formalities as such under the Civil Code that the client must comply with when appointing an agent. The agency relationship can be established either by a written contract or by an oral agreement. However, trade agency contracts for foreign trade must be concluded in writing. In addition, delegated authority (POA) may be conferred by the contractor who authorizes it to act on behalf of the awarding entity. In Kelvinator Group Services of SA (Pty) Ltd/McCullogh 1999(4) SA 840, the Tribunal found that a clause to be attributed could only be reasonable or desirable, but necessary, and that such a tacit clause should not be taken into account in an agreement if it was contrary to its express provisions.
It should be noted that agents are not entitled to reimbursement of costs incurred during the implementation of an agency agreement. According to the prevailing opinion of commentators and the case law, notice may be replaced by compensation if the parties have expressly agreed. No no. Russian law does not provide for compensation or compensation in the event of termination of an agency contract. In general, the Agency`s law deals with situations in which a person enters into a legal relationship with another person by not acting personally, but through an intermediary. Agency law is important because it is possible to make commercial transactions when a person is unable to participate personally due to various circumstances. Therefore, “an opportunity to participate in commercial transactions through an agent is a guarantee of the implementation of a person`s right to liberty and initiative.” Another important judgment, which emphasizes the importance of the applicable law, is the so-called UNAMAR decision. The result of this decision is that a Dutch client, who appoints a Belgian representative and makes a legal choice in favour of Dutch law, is not obliged to subject the client to the wider protection of the agent under Belgian law, unless the Belgian court decides that strengthening the protection of the Belgian representative serves a fundamental national interest.
According to the European Court of Justice, this last point is not easily plausible. The main rule, therefore, is that the agency contract is, in principle, exclusively governed by the law provided for by the treaty. To avoid misunderstandings, it is of the utmost importance to include the applicable law in the treaty as clearly as possible, in order to avoid disputes about it and to tell you where you stand. The termination of an agency contract is not subject to the indication of the reason for termination. The ordinary infringement provisions also apply to agency contracts, as there are no specific legal provisions for terminating an agency contract. However, according to a case law, agency contracts may also be subject to the specific provisions relating to the termination of an employment relationship for “just cause”.