Commercial Agency Franchise And Distribution Contracts PDF Download

Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Commercial Agency Franchise And Distribution Contracts PDF full book. Access full book title Commercial Agency Franchise And Distribution Contracts.

Commercial Agency, Franchise and Distribution Contracts

Commercial Agency, Franchise and Distribution Contracts
Author: Martijn W. Hesselink
Publisher: Walter de Gruyter
Total Pages: 414
Release: 2009-04-27
Genre: Law
ISBN: 3866537077

Download Commercial Agency, Franchise and Distribution Contracts Book in PDF, ePub and Kindle

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.


Commercial Agency, Franchise and Distribution Contracts (PEL CAFDC)

Commercial Agency, Franchise and Distribution Contracts (PEL CAFDC)
Author: Martijn Willem Hesselink
Publisher: sellier. european law publ.
Total Pages: 371
Release: 2006
Genre: Agency (Law)
ISBN: 9783727218033

Download Commercial Agency, Franchise and Distribution Contracts (PEL CAFDC) Book in PDF, ePub and Kindle

The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's "Principles of European Contract Law", the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The "Principles of European Law" are published in co-operation with Stämpfli, Bern (Switzerland). For other co-operation-partners and for more information see www.sellier.de


Franchising in European Contract Law

Franchising in European Contract Law
Author: Odavia Bueno Diaz
Publisher: Walter de Gruyter
Total Pages: 321
Release: 2009-04-27
Genre: Law
ISBN: 3866537026

Download Franchising in European Contract Law Book in PDF, ePub and Kindle

The Principles of European Law on Commercial Agency, Franchise and Distribution Contracts (PEL CAFDC, 2006) are an academic proposal of the Study Group on a European Civil Code for the European-wide regulation of the contents of these three types of agreements. The academic analysis "Franchising in European Contract Law" focuses on the harmonised Principles on Franchising. At present all member states of the EU have their own regulation on franchising. This situation might change in the light of the political process of Europeanization of contract law that was initiated by the European Commission in 2001. As a result of that process the Principles on Franchising could be declared a set of rules which might be opted for by the parties to franchising contracts Europe-wide to govern their relationship. In this analysis the main obligations in franchising in PEL CAFDC are compared with those under French and Spanish law. The main conclusion of this thesis research has been that the main obligations of parties in franchising under the PEL CAFDC resemble those under French and Spanish law. Eventually, differences will arise depending on how national courts weigh the interests of the parties in each case. A second conclusion has been that a choice for the PEL CAFDC instead of for French and Spanish law could be considered a rational alternative concerning the applicable system of remedies and legal certainty.


Commercial Agency, Franchise and Distribution Contracts (PEL CAFDC)

Commercial Agency, Franchise and Distribution Contracts (PEL CAFDC)
Author: Martijn Willem Hesselink
Publisher: sellier. european law publ.
Total Pages: 413
Release: 2006
Genre: Agency
ISBN: 3935808437

Download Commercial Agency, Franchise and Distribution Contracts (PEL CAFDC) Book in PDF, ePub and Kindle

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.


International Commercial Agency and Distribution Agreements

International Commercial Agency and Distribution Agreements
Author: Marianne Dickstein
Publisher:
Total Pages: 1147
Release: 2017
Genre: Law
ISBN: 9789041169075

Download International Commercial Agency and Distribution Agreements Book in PDF, ePub and Kindle

International Commercial Agency and Distribution Agreements is a much-used practical guide to drafting and negotiating commercial agency, exclusive distribution, and franchising agreements. In this enriched second edition of a proven, indispensable practical guide, the contributors have all updated their country reports with recent cases and commentary and an abundance of new sample clauses and other practical features. In addition, four major jurisdictions - Brazil, England, Japan, and the United States - have been added, bringing the total number of country reports to nineteen. What's in this book: The first edition is well known among commercial law practitioners as the preeminent hands-on guide to drafting effective distribution agreements tailored specifically to countries in which foreign direct investment is a major component of the economy. This second edition keeps the original format, with each chapter covering all the following matters and more: pre-contractual information disclosure; administrative formalities and reporting obligations; role of professional bodies; applicable vertical restraints; applicable private international rules; availability of EU block exemptions; rights and obligations of all parties to each other and to third parties; intellectual property rights; data protection; provisions for Internet sales; undertaking not to compete; right to indemnities; sanctions in case of noncompliance; sub-distributors; resale pricing; liability toward end users; warranties; grounds for termination; damages in the event of unjustified (abusive) termination; acquisition or lease of site by franchisee; post-contract improvements and modifications of standards and specifications; franchisor's initial and continuing assistance to franchisee; and bankruptcy procedure. Local experts provide detailed information on specific applicable law, major current case law, drafting guidance with specific clauses, and official English versions of relevant primary material. Case law summaries clearly expose the issues from which disputes arise, - and the financial consequences of those disputes - and the practical discussion includes sample clauses designed to anticipate those issues and avoid the pitfalls to which they often lead. How this will help you: This book helps the readers gain a comprehensive understanding of legislation, regulation, and case law affecting distribution agreements in major jurisdictions worldwide and thereby confidently approach the contractual specifics and possibilities offered in each jurisdiction. The ready-to-adapt contractual clauses provided on a case-by-case basis serves as a handbook to corporate counsel, legal scholars, and other lawyers negotiating international commercial distribution agreements.


Agency and Distribution Agreements:An International Survey

Agency and Distribution Agreements:An International Survey
Author: Jausas Agustin
Publisher: Springer
Total Pages: 328
Release: 1994-10-24
Genre: Law
ISBN:

Download Agency and Distribution Agreements:An International Survey Book in PDF, ePub and Kindle

This new Second Edition of the acclaimed & successful work, originally produced by the EEC Law Commission of the Association internationale des jeunes avocats (A.I.J.A.), has now been thoroughly revised, updated, & also expanded to include EFTA countries. An assessment of EEC (and in turn the situation pertaining to EFTA states) law & jurisprudence as it affects agency, distribution & franchising agreements is made at the outset. There then follows a detailed comparative analysis of the different national legal regimes (country by country) governing such arrangements within the EC & EFTA states, & an explanation of the extent to which EC law & practice is or may already be applicable to them. The systematic & thorough research presented in this text is structured to facilitate cross reference & comparison, & supplemented by case law & legislative references. The authors are practitioners of law who are frequently involved in the field of commercial agency & distribution agreements in the twelve member states, & members of the Association internationale des jeunes avocats (A.I.J.A.).


Commercial Agency and Distribution Agreements:Law and Practice of the Member States of the European Union

Commercial Agency and Distribution Agreements:Law and Practice of the Member States of the European Union
Author: Ulrich Lohmann
Publisher: Springer
Total Pages: 0
Release: 2000-08-22
Genre: Law
ISBN: 9789041197481

Download Commercial Agency and Distribution Agreements:Law and Practice of the Member States of the European Union Book in PDF, ePub and Kindle

This authoritative, practical reference describes the law of the European Union relating to commercial activity, distribution and franchising, together with a comparative analysis of law of the 15 member states, Switzerland and Norway.


Principles of European Law

Principles of European Law
Author: Martijn Willem Hesselink
Publisher: sellier. european law publ.
Total Pages: 0
Release: 2005
Genre: Agency (Law)
ISBN: 9783935808439

Download Principles of European Law Book in PDF, ePub and Kindle

The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's "Principles of European Contract Law", the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The "Principles of European Law" are published in co-operation with Stämpfli, Bern (Switzerland). For other co-operation-partners and for more information see www.sellier.de.