THE IMPACT OF THE EUROPEAN COUNCIL DIRECTIVE 86/653/EEC ON THE ROMANIAN LEGISLATION REGARDING THE TERMINATION OF THE AGENCY CONTRACT, AS A MANDATE IN COMMON INTEREST
This article aims to highlight a contract that has proven its great importance in commerce, namely the agency, as a legal mechanism that provides an extremely flexible juridical framework for many professional activities. In 1986, the agency contract received its own rules at a European Community...
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| Format: | Article |
| Language: | deu |
| Published: |
University of Oradea
2023-07-01
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| Series: | Annals of the University of Oradea: Economic Science |
| Subjects: | |
| Online Access: | https://anale.steconomiceuoradea.ro/en/wp-content/uploads/2024/02/AUOES.July_.202345.pdf |
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| Summary: | This article aims to highlight a contract that has proven its great importance in
commerce, namely the agency, as a legal mechanism that provides an extremely flexible
juridical framework for many professional activities. In 1986, the agency contract received
its own rules at a European Community level, by the adoption of the European Council
Directive no. 86/653, regarding the harmonization of the Member States legislations
concerning the independent commercial agents. This directive was intended to eliminate
the existing regulatory differences in the laws of the Member States relating to commercial
representation, which affected competition and the smooth running of trade relations within
the Community. Legal doctrine and jurisprudence have revealed the complexity of this type
of conventional relations, especially in the case of unilateral termination of contract, since
agency is generally considered a type of mandate in common interest and the revocability
of such an agreement is questionable, given the mutual and common interest of the
contracting parties in the execution of the contract. In this context of uncertainty, the
European Council Directive no. 86/653 brought important clarifications, which were later
taken over in the national legislation, namely the Law no. 509/2002 and later the Civil
Code, regarding the right to unilateral revocation, the limits of its exercise, as well as the
indemnity for contractual termination. |
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| ISSN: | 1222-569X 1582-5450 |