CONSIDERAŢII REFERITOARE LA CLAUZA DE NECONCURENŢĂ ÎN REGLEMENTAREA CONTRACTULUI DE AGENŢIE ÎN CODUL CIVIL ROMÂN
“CONSIDERATIONS REGARDING THE NON-COMPETITION CLAUSE IN THE REGULATION OF THE AGENCY AGREEMENT IN THE ROMANIAN CIVIL CODE”

Summary/Abstract: In this article, the author describes the non-competition clause in the regulation of the agency agreement in the Romanian civil Code. The structure and the content of the study reveal the comments upon the non-competition clause as regards the movement of goods and services, upon the agency agreement in the regulation of the Civil Code (the non-competition clause, the non-compete allowance, the inefficiency of the non-competition clause, the review of the non-competition clause by the court, the infringement of the non-competition obligation by the commercial agent), upon the termination of the agency agreement for the non-observance of the non-competition obligation (judicial, unilateral and conventional termination), upon the enforcement of the non-competition obligation, upon the need for assessing the anti-competitive effects of the non-competition clauses, taking into consideration, for the purpose of the above-mentioned, the doctrine developed by certain important names in the field of law (D.-A. Sitaru, G. Ripert, R. Roblot, N. Green, A. Robertson, I. Schiau, V.S. Bădescu, D. Florea, L. Stănciulescu, G. Boroi). Finally, the author formulates brief considerations regarding the assessment of the agency agreements in the domestic law.

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