| Abstract [eng] |
One of the most complex tasks in the legal field of commercial agency – excersing of parties rights after a termination of agreement. The reglamentation of these rights in Lithuania is analyzed according to their respective reglamentation in the European Union, where the main role is played by EC 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 (hereinafter - Directive). The first part of this paper discloses factors qualifying commercial agency and its scope of application. The second part of this paper analysis of basis for termination of the contract for an indefinite period and fixed period contracts. Separately it is analyzed the termination of agreement under exceptional circumstances, when there are no exceptional circumstances, or a party breach of contract. Also, according to the legal doctrine and case law it is revealed the content of exceptional circumstances. The third part of this paper analyzes the scope of the parties rights and their enformecent in the particularity of termination of agreement. Its is analyzed the strategies for defending the rights of agent covering both German indemnity system and French compensation for damages system. Also there is submitted to alternative practices for doing so. Additionaly, there is revealed the scope of principal rights after termination of contract and its problems of enformecent. The paper is finished by summarizing the Directives implementation in Lithuania, as well as providing with suggestions on how to improve it. The paper is based on based on the Lithuanian law, the provisions of the Directive, ECJ jurisprudence and Lithuanian and analysis in literature by both Lithuanian and foreign scientists. |
