What does it lead to ?
Posted: Mon Jan 27, 2025 9:11 am
The owner of the company was not convinced of the intermediary's competence to enter into transactions in this area of business
There are generally three types of mediation agreements. For each of the varieties, a specific list of actions that the mediator has the right to perform is established by law.
In the course of a possible court case, the concluded agreement may be reclassified, for example, from a commission agreement to an agency agreement. This happens when, in accordance with the document, the intermediary is obliged to conduct not only transactions with end consumers, but also all kinds of marketing and business opportunity seekers email list advertising activities (or perform actual actions). This state of affairs is not always beneficial to you as the owner of the company.
In particular, paragraph 1 of Article 1003 of the Civil Code gives you the right to unilaterally refuse your obligations when concluding a commission agreement. In the event of reclassification of the agreement into an agency agreement, you may have difficulties with this. This situation is regulated by Article 1010 of the Civil Code.
What to do . Decide on the specific tasks you want to entrust to the intermediary. Either he performs a set of works, including legal activities (including concluding transactions with consumers) and actual actions, or deals exclusively with the sale of products to buyers, concluding sales contracts with them.
If the first option is chosen, it is recommended to work with an intermediary on the basis of an agency agreement. If it is decided that the partner will only sell the products, it is better to conclude a commission agreement with him (and then the partner will act on his own behalf) or an agency agreement (when you are ready to assume the responsibility of the seller). The option when the intermediary takes on a set of works has an important advantage. The fact is that when initiating legal proceedings, the likelihood that the agency agreement will be reclassified is minimal. In modern practice, the courts proceed from the fact that the content of such an agreement may include any actions of the partner related to the supply of products.
There are generally three types of mediation agreements. For each of the varieties, a specific list of actions that the mediator has the right to perform is established by law.
In the course of a possible court case, the concluded agreement may be reclassified, for example, from a commission agreement to an agency agreement. This happens when, in accordance with the document, the intermediary is obliged to conduct not only transactions with end consumers, but also all kinds of marketing and business opportunity seekers email list advertising activities (or perform actual actions). This state of affairs is not always beneficial to you as the owner of the company.
In particular, paragraph 1 of Article 1003 of the Civil Code gives you the right to unilaterally refuse your obligations when concluding a commission agreement. In the event of reclassification of the agreement into an agency agreement, you may have difficulties with this. This situation is regulated by Article 1010 of the Civil Code.
What to do . Decide on the specific tasks you want to entrust to the intermediary. Either he performs a set of works, including legal activities (including concluding transactions with consumers) and actual actions, or deals exclusively with the sale of products to buyers, concluding sales contracts with them.
If the first option is chosen, it is recommended to work with an intermediary on the basis of an agency agreement. If it is decided that the partner will only sell the products, it is better to conclude a commission agreement with him (and then the partner will act on his own behalf) or an agency agreement (when you are ready to assume the responsibility of the seller). The option when the intermediary takes on a set of works has an important advantage. The fact is that when initiating legal proceedings, the likelihood that the agency agreement will be reclassified is minimal. In modern practice, the courts proceed from the fact that the content of such an agreement may include any actions of the partner related to the supply of products.