THE PARTICULARITIES AND THE CLAUSES SPECIFIC TO THE AGENCY CONTRACT
THE PARTICULARITIES AND THE CLAUSES SPECIFIC TO THE AGENCY CONTRACT

Summary/Abstract: In the current activity, the professional trader can use the services of a person who has as profession the intermediation in business, a person called agent, and according to the previous regulations the title was that of permanent commercial agent (Law no. 509/2002 regarding permanent commercial agents, currently repealed). The commercial agent may be empowered by the principal to handle business (being an intermediary, an agent without representation) or to conclude business deals (representative of the trader). The commercial agent is the person empowered by one or more committees to treat or conclude contracts, exclusively in a locality or region, in exchange for a remuneration bearing the name of commission. The commercial agent is a professional trader, carrying out his professional activity. In his capacity as a professional, the commercial agent also has specific professional obligations (to keep the accounting records, to not conduct acts of unfair competition, etc.). The agency activity can be carried out independently and the agent cannot, at the same time, be the supervisor of the principal.

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