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Regulation of fees for trade representative contracts
Regulation of fees for trade representative contracts
http://www.grprainer.com/en/Commercial-Agency-Law.html Contractual commission regulations of trade agents can be void if they are contradictory
Cologne,
Nordrhein Westfalen,
India
(sardnews.org)
25/10/2012
http://www.grprainer.com/en/Commercial-Agency-Law.html Contractual commission regulations of trade agents can be void if they are contradictory.
GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Hamburg, Munich, Stuttgart, Frankfurt www.grprainer.com elaborate: According to a ruling of the higher regional court of Munich (Az. 23 U 4793/11) from March 22nd 2012 it was determined, that commission determining clauses can be inoperable if there are an coexisting and simultaneously completed cooperation agreement and trade - agent contract. Following § 307 para. 1 sentence 2 BGB (German civil code) these agreements can be found void if they are inconsistent.
The court argued that together with the trade - agent - contract, this article stands in violation to the transparency rule of § 307 para. 1 sentence 2 BGB. In the issue at hand over the trade - agent - contract the regulation § 87 para. 1 HGB was quoted. According to the judges the coexisting regulations of the cooperation agreement and the trade - agent - contract were found to be uncertain and in dispute. There was also insecurity which regulation was the preceding one. It could not be specified if there was a predominant regulation. In light of the cooperation agreements regulations, an unjustified discrimination was seen according to § 307 para. 2 BGB. Because of the danger, that the claim to a commission could be suppressed and invalidated by causality of the conditions of the cooperation agreement.
The non - concessions complaint is now pending at the German federal court.
A lawyer can advise enterprisers, as well as trade agents regarding the planning of contractual relationships: from claims to closure. Let a lawyer help you regarding trade -agent law affairs.
http://www.grprainer.com/en/Commercial-Agency-Law.html
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