Commercial Agency, Franchise and Distribution Contracts PDF Download
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Author: Martijn W. Hesselink
Publisher: Walter de Gruyter
ISBN: 3866537077
Category : Law
Languages : en
Pages : 414
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Book Description
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.
Author: Martijn W. Hesselink
Publisher: Walter de Gruyter
ISBN: 3866537077
Category : Law
Languages : en
Pages : 414
Get Book Here
Book Description
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.
Author: Roderick Munday
Publisher: Oxford University Press, USA
ISBN: 0199230374
Category : Language Arts & Disciplines
Languages : en
Pages : 409
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Book Description
This new work provides a useful and accessible reminder of the principles of agency law for experienced practitioners, as well as an invaluable guide for students looking for an approachable text on this topic.
Author: Danny Busch
Publisher: Oxford University Press
ISBN: 019105836X
Category : Law
Languages : en
Pages : 321
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Book Description
This book explores a range of problems in the application of agency law in commercial practice. Moving beyond the limited introductory resources currently available, it "tests" abstract agency law concepts in specific commercial contexts, with reference to jurisdictions around the world. There is an enduring commonality of concepts and principles within agency law, both within the Commonwealth and within the jurisdictions of the United States. The book's comparative approach, drawing together analysis of national and international jurisdictions, provides innovative perspectives and insights, as well as practical guidance on solving commercial problems. The book opens with a detailed introductory chapter which provides a broad overview of the agency issues arising in specific commercial contexts. The subsequent chapters are grouped thematically: company law, financial transactions and services, sale of goods; as well as agency in procedural contexts. Topics covered include the role of the director and directorial board in company law and agency law, agency in shipping law, undisclosed principal in sale of goods cases, regulation of conflicts of interest in securities transactions, poseur-agents and transactional intermediation, the operation of agency in retail financial services, the agent's warranty of authority, and power of attorney. This book is an invaluable resource on both agency theory and commercial practice.
Author: Susan Singleton
Publisher: Bloomsbury Publishing
ISBN: 1526511894
Category : Law
Languages : en
Pages : 469
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Book Description
Examines the standard commercial agency agreement where an agent is self-employed and paid a commission on sales he or she generates for the principal as it is those agents that fall within the Regulations. It addresses the drafting of such agreements as well as termination and compensation and includes examples of agency contracts and coverage of the majority of UK judgments. The fifth edition has been updated to include: Ramsay v Typhoo Tea 2016 Software Incubator 2016 and application of the agency regulations to agency contracts Monk v Largo 2016 Invicta v International Brands 2013 Medsted Associates Ltd v Canaccord Genuity Wealth (International) Ltd (2119 Court of Appeal) relating to secret commissions and fiduciary duties of agents. W Nagel (a Firm) v Pluczenik Diamond Company NV 2018 Court of Appeal - about "commodity exchanges" and the agency regulations Agro Foreign Trade & Agency Ltd v Petersime NV (2017 CJEU) Choice of law issues - Belgium and Turkey. One Money Mail Ltd. v (1) Ria Financial Services (2) Sebastian Wasilewski (Court of Appeal) - 2015 post termination restrictions on agents Brand Studio Ltd. v St. John Knits, Inc 2015 ( indemnity and compensation clauses) Bailey v Angove's Pty Limited [2016] Authority of agents to recover debts (Supreme Court decision)
Author: Nikos Lavranos
Publisher: Edward Elgar Publishing
ISBN: 1035316579
Category : Law
Languages : en
Pages : 617
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Book Description
In this substantially revised and updated second edition, this work examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU lawÕs impact on party autonomy and on the margin of appreciation available to arbitral tribunals. This second edition covers all relevant new developments in law and practice, and tracks the ever-increasing influence of EU law and the jurisprudence of the Court of Justice of the EU (CJEU) in international arbitration.
Author: Study Group on a European Civil Code
Publisher: sellier. european law publ.
ISBN: 3866530595
Category : Civil law
Languages : en
Pages : 406
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Book Description
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
Author: Mark Abell
Publisher: Edward Elgar Publishing
ISBN: 1781952353
Category : Law
Languages : en
Pages : 367
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Book Description
ÔMark AbellÕs book argues that the European franchising market fails to reach its potential as it remains unregulated. He supports this by analysing the historical legal and economic basics and risk/attraction profiles of franchising to franchisors and franchisee, compares the European situation to the highly developed regulatory regimes in the USA and Australia, and moves through to proposing and drafting a new EU directive to bring greater certainty and stability to cross border franchising in the EU. Comprehensively researched and very detailed, this book is a worthy contribution to the literature on the subject.Õ Ð Graham Cunningham, Barrister, Hardwicke Key features of this detailed and insightful work include: ¥ Practical analysis from a leading authority in the field of franchising. ¥ Examination of the impact of both franchise specific and general commercial law upon use of franchising in the EU. ¥ Comparative legal analysis of the law of England, Germany, France, the US and Australia. ¥ Carefully constructed proposals for a franchise directive in the EU based on the vast experience of the author. ¥ A draft text for the proposed directive. The Law and Regulation of Franchising in the EU provides an in-depth analysis of the regulatory environment for franchising in the EU. Franchising in the EU comprises nearly 10,000 franchised brands and over Û215 billion (US$300 billion) turnover per annum. However, compared to its scale in the US and Australia, franchising is not realising its full potential in the EU and the author points to the lack of homogeneity across members states as a large part of the problem. The book concludes by arguing for the adoption of a draft directive, and proposes a draft directive, which promotes market confidence in franchising, provides pre-contractual hygiene and imposes a mandatory taxonomy of rights and obligations. This highly topical and comprehensive work will appeal to franchise lawyers and franchise academics as this is the first book that analyses the impact of EU and member state law upon the use of franchising in the EU.
Author: Zvonimir Slakoper
Publisher: Routledge
ISBN: 1000431401
Category : Law
Languages : en
Pages : 266
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Book Description
EU Private Law and the CISG examines selected EU directives in the field of private law and their effects on the national private law systems of several EU Member States and discusses certain specific concepts of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in light of the CISG’s recent fortieth anniversary. The most prominent influence of EU law on national private law systems is in the area of the law of obligations, thus the book focuses on several EU private law directives that cover the issues belonging to contract and tort law, as interpreted in the case law of the Court of Justice of the EU. EU private law concepts need to be interpreted autonomously and uniformly rather than through the lens of national private law systems. The same is true for the CISG which has not only been one of the most successful instruments of the international trade law unification but had also influenced both the EU private law and domestic laws. In Part I, focused on the EU private law and its effects for national laws, chapters examine the recent Digital Content and Services Directive and its likely impact on the contract law of the UK and Ireland, the role aggressive commercial practices play in EU banking and credit legislation, the applicability of the EU private international law rules to collective redress, the unfair contract terms regime of the Late Payment Directive and its transposition into Croatian law, the implementation of the Commercial Agency Directive in Denmark, Estonia and Germany, and disgorgement of profits as remedy provided in the Trade Secrets Directive. In Part II, dealing with selected CISG issues, chapters discuss the autonomous interpretation of CISG’s concept of sale by auction and its notion of intellectual property, as well as the CISG’s principle of freedom of form and the possibility for reservations with the effect of its exclusion. The book will be of interest to legal scholars in the field of EU private law and international trade law, as well as to the students, practitioners, members of law reform bodies, and civil servants in Europe, and beyond.
![International Agency and Distribution Law [2009] - I PDF](https://books.google.com/books/content/images/frontcover/rxSmAgAAQBAJ?fife=w80-h100)
Author: Dennis Campbell
Publisher: Lulu.com
ISBN: 0557092442
Category : Business & Economics
Languages : en
Pages : 622
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Book Description
2009 RELEASE: “International Agency and Distribution Law”, a three-volume set with more than 1,800 pages, examines countries in North and South America, Asia and the Pacific, the Middle East, and Europe and their laws affecting the sale of goods through use of local agents and distributors, addressing issues relating to distribution contracts, employment, tax liabilities, liability for the acts of the agent, and dispute resolution. The reports are prepared by local business practitioners. Order volumes II and III to complete the set. The publication is replaced by updated volumes annually. A 10% discount applies to a subscription for next year's update. A 25% discount applies to a subscription for three years of updates. Discounts are applied after purchase by rebate from publisher.
Author: Francisco de Elizalde
Publisher: Bloomsbury Publishing
ISBN: 1509916296
Category : Law
Languages : en
Pages : 295
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Book Description
Over the last 30 years, the evolution of acquis communautaire in consumer law and harmonising soft law proposals have utterly transformed the landscape of European contract law. The initial enthusiasm and approval for the EU programme has waned and, post Brexit, it currently faces increasing criticism over its effectiveness. In this collection, leading academics assess the project and ask if such judgements are fair, and suggest how harmonisation in the field might be better achieved. This book looks at the uniform rules in the context of: the internal market; national legislators and courts; bridging the gap between common and civil law; and finally their influence on non-member states. Critical and rigorous, it provides a timely and unflinching critique of one of the most important fields of harmonisation in the European Union.
