There are three types of financial or commercial risks essential to the definition of a commercial agent contract for the purposes of Article 101(1). First, there are contract-specific risks that are directly related to contracts concluded and/or negotiated by the agent on behalf of the contracting entity, such as. Β the financing of stocks. Second, there are the risks associated with market-specific investments. These are investments which are specially necessary for the nature of the activity for which the agent has been appointed by the contracting authority, i.e. which are necessary to enable the agent to conclude and/or negotiate such a contract. These investments are usually sunk, which means that the investment cannot be used or sold for other activities after leaving that particular sector, except with a significant loss. Third, there are risks associated with other activities carried out on the same product market, in so far as the contracting entity requires the agent to carry out such activities, not as an agent on behalf of the contracting entity, but at his own risk. At the end of the relationship with his principal, a commercial agent had summoned him on the basis of Article L. 134-12 of the Civil Code, to which he demanded payment of the damage suffered by the termination. For the defense, the director of the school had opposed the (…) A subcontract is a contract whose purpose is to fulfill all or part of a main order. This situation often occurs in service contracts and, in particular, in commercial agent contracts. In this case, the sub-agent is nothing more than a commercial agent (…) Many authors are unaware of the legal problems of agency contracts, which can fall for the unwary if their effects are not fully understood.

They made three headlines, what I call the exclusive agency, Agency Forever. and the mighty agency: 2. The eternal agency. Some literary agencies include in their author-agent agreements or in book publishing contracts that they negotiate an “endless agency” clause. Instead of restricting their right of representation for the duration of your agreement, these clauses give the agent an exclusive and irrevocable right to represent your work for the duration of the copyright in those works. This is inappropriate and can cause unnecessary problems for you and your heirs. The Agency is entitled to a commission for your work, even if it is exhausted by the agreement negotiated by the agent and your new agent sells the work to another publishing house. After you die, your executor should not only track what your works are still under contract, but also determine if an agency has the endless right to represent one of your out-of-print works. Your agency may merge, dissolve, or change its name, further complicating your executor. 1.

The “exclusive” agency. Typically, in an agency contract, the author makes the agent his “exclusive representative” or grants an “exclusive agency”. This terminology is often misunderstood by agents and authors (and even by some so-called editorial lawyers whose websites I have visited!). Why is this important? If the agency contract is not served on the client in accordance with the law and regulations, the agent may be prevented from claiming a commission to which he would otherwise be entitled.. . .

Average Rating: 4.5 out of 5 based on 220 user reviews.

Comments are closed.