| Abstract [eng] |
Master‘s paper „Factors qualifying commercial representation“ defines the concept of agency and addressed to an agency qualifying features based on the creation of forms of agency relationships, the parties rights and responsibilities. It is also considered a commercial representation in the form provided in the Civil Code of the Republic of Lithuania. The first part describes the general characteristics of the agency in discussing the definitions of “commercial” and “agency” values. Next analyzed the agency establishment methods and their properties. Discusses agency the relationship between the parties' rights and obligations of features, depending on the establishment method of an agency. Are compared and their advantages and disadvantages. Indication of the general rights and responsibilities of the agency relationships, take in to account effect of the non-validy of the transaction, as well as relief in terms of damage. The last part describes the forms of agency named in Civil Code of Republic of Lithuania, commercial agents and proxy. Commercial agents regulated at Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self employed commercial agents, so the paper considers not only the Civil Code regulation, but also the EU directive and ECJ case law. Commercial agent is separated from distribution, franchising and trustee. Proxy on the basis of the activities described in the CC and the Lithuanian Supreme Court. |
