Original scientific paper
https://doi.org/10.3935/zpfz.72.4.01
Application of the Article 830 of the Obligations Act (the Right to a Special Fee) by Analogy to the Distributors Similar to Agents
Petar Miladin
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
The needs of contemporary legal and business transactions invariably concern the problems of the placement on the market and distribution of goods and services. The author defends the thesis that the agency agreement is the backbone of a broader right to distribution. This is particularly true in regard to the right to a special fee referred to in Article 830 and onwards of the Obligations Act. The right to a special fee is available to other distributors, not only agents, provided that the special requirements concerning closeness, analogy between such distributors and agents are met. The author discusses these requirements, examining their deeper meaning. Other points of discussion include the application of other provisions of the Obligations Act regulating the agency agreement by analogy with other distributors. Such distributors, which are close to the agent, are referred to as contracting intermediaries/agents (in German “Vertragshändler”).
Keywords
right to a special fee; distributor; contracting intermediary; agent
Hrčak ID:
281829
URI
Publication date:
1.9.2022.
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