International Commercial Agreements: An Edinburgh Law Guide

By Michala Meiselles | Go to book overview

5
International Agency Agreements1

Contents
Overview164
Glossary165
I Agency arrangements – when and why?166
II Fundamentals of agency law166
III Common types of agency relationship167
IV The sources of law governing the agency relationship168
V Governing law under European Union law169
VI Formation of the agency agreement170
VII Creation of an agency relationship171
VIII Consequences of agency173
IX Termination of the agency agreement175
X Liability of the principal to the third party175
XI Disclosed and undisclosed agency179
XII Civil law contrasted with common law180
XIII General concerns of the parties180
XIV Agency agreements under EU law184
XV Agency law and international instruments187
XVI Checklist of provisions191
XVII Front of the contract192
XVIII Body of the contract193
XIX Boilerplate clauses and back of the contract215
Summary216
Useful links217
Further reading217
Notes218

Overview

This chapter looks at the various issues that
concern international agency agreements.

Firstly, it looks at the fundamental char-
acteristics of the agency relationship. In
this context, a review is given of the use
and structure of this set-up, the distinc-
tion between independent and dependent
agents, the sources of law governing this
set-up, formation of the agency agreement,
the methods used to create the agency rela-
tionship, termination of the agency agree-
ment, the liability of the principal to the
third party and the concerns of the differ-
ent parties involved in the agency set-up.

Secondly, this chapter examines the
treatment of commercial agency arrange-
ments under European Union law.
In this context, a review is given of the
protections invoked under the directive
governing commercial agents (Council
Directive 86/653/EEC of 18 December
1986 on the Coordination of the Laws
of the Member States relating to Self-
employed Commercial Agents). Thirdly,
this chapter looks at the key provisions that

-164-

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International Commercial Agreements: An Edinburgh Law Guide
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Acknowledgements x
  • Table of Cases xi
  • Table of Statutes xiv
  • Preface xix
  • Guide to the Book xxi
  • 1- Planning an International Commercial Agreement 1
  • 2- Drafting an International Commercial Agreement 35
  • 3- International Sales Agreements 68
  • 4- International Distribution Agreements 112
  • 5- International Agency Agreements 164
  • 6- International Licensing Agreements 230
  • 7- International Instruments Governing International Commercial Agreements 282
  • Index 312
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