Commercial Agency, Franchise and Distribution Contracts (PEL CAFDC)

Etukansi
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.
 

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Sisältö

Principles of European Law
3
305 Indemnity for Goodwill
5
302 Entitlement to Commission After the Contract
7
305 Entitlement to Commission Extinguished
8
311 Accounting
9
201 Intellectual Property Rights
10
302 Information during the Performance
12
202 Information during the Performance
13
G Character of the Rule
159
203 Information during Performance
166
Obligations of the Principal
173
A General Idea
178
304 Moment when Commission is to be Paid
184
305 Entitlement to Commission Extinguished
186
Notes
192
A General Idea
193

205 Reputation of the Products
14
Dutch
15
French
27
German
39
Italian
52
Polish
64
Spanish
77
Introduction
91
Relation to General Contract Law PECL
92
Comments
97
F Character of the Rule
105
202 CoOperation
106
Protection of Knowhow
114
302 Unilateral Ending of a Contract for an Indefinite Period
122
G Presumption of Reasonableness
127
Agreed Longer Periods
128
G General Rules on Damages Applicable
134
304 Termination for NonPerformance
136
No Termination if Proper Performance was of the Essence
140
A General Idea
141
Other General Provisions
152
311 Accounting
200
Particular Contracts or Particular Clients
209
102 PreContractual Information
215
A General Idea
222
203 Assistance
228
G Character of the Rule
231
Supply Capacity
241
207 Reputation of Network and Advertising
242
A General Idea
250
F Character of the Rule
256
Distribution
257
A General Idea
268
203 Warning of Decreased Supply Capacity
272
204 Advertising Materials
274
A General Idea
276
305 Inspection
288
A General Idea
290
Table of European Legislation
312
Table of Cases
325
Index
339
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