In addition to the convenience of having 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. Hiring this lawyer constitutes an agency contract between you and the lawyer and authorizes the lawyer to act on your behalf. An agency relationship is a relationship between one party (hereinafter: client) that authorizes another party (hereinafter referred to as “agent”) to involve third parties in legal relationships. The commercial agency contract is definitely at the center of this quarter`s jurisprudence. The conditions and uses of the qualification (see ECJ 4 June 2020 above all) should not obscure the importance of the issues that otherwise arise in relation to its implementation. A decision of the Court of Justice (…) An agency contract is concluded when a person, called an agent, is authorized by another person, known as a principal, to act on behalf of the principal. A client who assigns an agency to an agent establishes a legal relationship with the agent. Agency contracts are important for businesses because you can come across them when you ask a salesperson, accountant, lawyer, or other third party to do business on your behalf. Within the European Union, there is legislation to provide some protection for staff, in particular the right to compensation in certain circumstances in the event of termination of an agency.

The same is true in other parts of the world and in some countries it is necessary for a foreign manufacturer to designate as a representative a person or company that is a national of the country in which the agency will operate. In the present case, an intermediary had entered into a partnership agreement in which he had to search for buyers who wished to invest in a residential property in return for remuneration payable after the signing of the authentic deeds of sale and receipt of the funds. A clause in the contract providing that the (…) This list is exhaustive. However, if the agent incurs one or more of the above risks or costs, the agent-principal contract will not be considered a commercial agency contract. The question of risk must be assessed on a case-by-case basis and in the light of the economic reality of the situation and not in terms of its legal form. For practical reasons, risk analysis can begin with the assessment of contract-specific risks. . . .