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Indemnity of a commercial agent and determination of its amount
Prusáková, Viktorie ; Flídr, Jan (advisor) ; Patěk, Daniel (referee)
Indemnity of a commercial agent and determination of its amount Abstract Agents play a crucial role for companies by facilitating business activities and building customer relationships. Commercial agency introduces several legal and economic questions, in particular remuneration of agents, both during the course of the agency and after its termination. Following the termination of a commercial agency agreement, the question often arises as to how to fairly determine the amount of indemnity to be paid to agents for their past work. The aim of this thesis is to provide a detailed description and explanation of the calculation method for the agent's indemnity and to translate theoretical knowledge gathered from legal theory and case law into practice. The thesis seeks to propose a calculation procedure for the agent's indemnity that is simple, efficient, and allows the parties involved in the agency agreement to avoid the common occurrence of legal disputes in this area. The first part of the thesis focuses on defining basic concepts associated with commercial agency and legal framework governing it. The second part follows, dedicated to the remuneration of the commercial agent. The third chapter then delves into special indemnity for an agent, including its definition, challenges, and legal regulations. The...
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Commercial Agency
SUS, Erik
This bachelor thesis is about the subject of commercial agency contracts in the Czech Republic. The objective of the thesis is mainly focused on the practical aspects of the current commercial agency contracts legislature by comparing the no longer valid "Commercial Code" with the contemporary wording of Sections 2483-2520 of the Act No. 89/2012 Coll., the Civil Code. The thesis contains two parts: theoretical and practical. The thesis, which is based on the Czech professional literature and case law, contains the basic information on the subject. The main body of the thesis interprets the information obtained through a structured interview with an expert, and a questionnaire. The gained results are displayed through charts and graphs. Finally, it evaluates whether or not the objectives have been reached.
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Business agency contract
Krupanská, Petra ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
1 Abstract Business agency contract This diploma thesis deals with the business agency contract which is governed in sections 652 - 672a of the Commercial Code, Act. No. 513/1991 Coll. as amended. Parties are referred as the principal and the commercial agent here. Pursuant to this contract type the commercial agent, as an independent entrepreneur, binds himself to a long-term negotiation of the sale or the purchase of goods on behalf of the principal, or as a direct representative he is authorized to negotiate and conclude such transactions on behalf of and in the name of principal - such a form of business representation requires a procuration. The provisions governing the business agency contract has been harmonized with Council Directive No. 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents by the Act No. 370/2000 Coll. This work deals with the legal analysis of the business agency contract legislation, its hallmarks, origin of commercial representation, commercial agent negotiation problems, rights and obligations of both parties, commission rules, origin of the right to the commission and its amount and maturity, difference between exclusive and nonexclusive commercial representation, the duration of the contractual...
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Agency Contract
Leitmančík, Ondřej ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
This thesis discusses the legal regulation of an agency contract according to the Act no. 89/2012 Coll., The Civil Code, with the focus on the comparison of the changes between the legislative frame of the agency contract contained in the Act no. 513/1991 Coll., The Commercial Code, and the legislative frame of the agency contract contained in the Act no. 89/2012 Coll., The Civil Code. Although the main focus of the thesis lies in description and analysis of the changes, the thesis also examines the practical use of the agency contract, when discussing so called švarcsystém among other things. The aim of the thesis is to describe the changes made by Law no. 89/2012 Coll., The Civil Code, which were explained by Explanatory Memorandum to the Act. No. 89/2012 Coll., The Civil Code, and then highlight those changes that this explanatory memorandum did not mention. The thesis is divided into five chapters, whereas the first four chapters describe the changes and any problems that may arise. The final, fifth, chapter labeled as "Additional information relating to the agency contract", differs from the other chapters in that it does not describe the changes in the legal framework but is devoted to practical problems of the use of the agency contract, which according to the author of this work should also...
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Agency Contract
Leitmančík, Ondřej ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
This thesis discusses the legal regulation of an agency contract according to the Act no. 89/2012 Coll., The Civil Code, with the focus on the general description of the terms and institutes of agency contract. The work is divided into five chapters, the main objective of this paper is to describe the basic definition of an agency contract. The first chapter described and analyzed the basic characteristics of an agency contract, especially the agent himself, the long-term perception of the agency contract, the definition of the term certain types of transactions, and we have discussed a exclusive and non-exclusive agency contract. The second chapter is focused on the rights and obligations of the parties of the agency contract with a closer focus on the issue of commissions. In chapters 3, 4 and 5, we discussed termination of agency contract, anticompetitive clause and we also mentioned Švarcsystem. Some chapters are for clarity divided into subchapters and the names of the subchapters signify the topic that subchapter is dedicated to. The thesis also refers to the commentary literature and case law relating to legal framework contained in the Act no. 513/1991 Coll., The Commercial Code. In the end the conclusion is drawn about whether the stated objectives have been achieved. Title: Agency Contract...
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Agency Contract
Leitmančík, Ondřej ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
This thesis discusses the legal regulation of an agency contract according to the Act no. 89/2012 Coll., The Civil Code, with the focus on the comparison of the changes between the legislative frame of the agency contract contained in the Act no. 513/1991 Coll., The Commercial Code, and the legislative frame of the agency contract contained in the Act no. 89/2012 Coll., The Civil Code. Although the main focus of the thesis lies in description and analysis of the changes, the thesis also examines the practical use of the agency contract, when discussing so called švarcsystém among other things. The aim of the thesis is to describe the changes made by Law no. 89/2012 Coll., The Civil Code, which were explained by Explanatory Memorandum to the Act. No. 89/2012 Coll., The Civil Code, and then highlight those changes that this explanatory memorandum did not mention. The thesis is divided into five chapters, whereas the first four chapters describe the changes and any problems that may arise. The final, fifth, chapter labeled as "Additional information relating to the agency contract", differs from the other chapters in that it does not describe the changes in the legal framework but is devoted to practical problems of the use of the agency contract, which according to the author of this work should also...
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Business agency contract
Krupanská, Petra ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
1 Abstract Business agency contract This diploma thesis deals with the business agency contract which is governed in sections 652 - 672a of the Commercial Code, Act. No. 513/1991 Coll. as amended. Parties are referred as the principal and the commercial agent here. Pursuant to this contract type the commercial agent, as an independent entrepreneur, binds himself to a long-term negotiation of the sale or the purchase of goods on behalf of the principal, or as a direct representative he is authorized to negotiate and conclude such transactions on behalf of and in the name of principal - such a form of business representation requires a procuration. The provisions governing the business agency contract has been harmonized with Council Directive No. 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents by the Act No. 370/2000 Coll. This work deals with the legal analysis of the business agency contract legislation, its hallmarks, origin of commercial representation, commercial agent negotiation problems, rights and obligations of both parties, commission rules, origin of the right to the commission and its amount and maturity, difference between exclusive and nonexclusive commercial representation, the duration of the contractual...
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The International Commercial Agency
Hudíková, Jana ; Švarc, Zbyněk (advisor) ; Almásy, Karel (referee)
Diploma thesis deals with the options obtaining of foreign markets, especially by institute of agency. There is also analysis the legislation, both in terms of international, community as well as national law . Great attention is paid to the person of commercial agent, his rights and obligations, as well as the demands on him and his selection criteria. In the conclusion of the thesis are already mentioned cases decided by the Court of Justice of the EU, which relate to issues of agency. The objective of the work is to assess the possible variants acquisition of foreign markets, especially the agency and its comprehensive evaluation including all of its other attributes.
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