Закон о Австрии о коммерческих агентах
Федеральный закон Австрии о правовом статусе независимых коммерческих агентов
Federal Austrian Law regarding the legal status of self-employed Commercial Agents
Law on Commercial Agents (short title)
Если в качестве применимого к агентскому договору права избрано австрийское право, при разработке договора и согласовании его условий необходимо учитывать положения Закона о коммерческих агентах.
The Austrian National Assembly has passed the following resolution:
Definition and activity of a Commercial Agent
Definition of the term self-employed Commercial Agent
§1. (1) A Commercial Agent shall mean a person who has been granted continuing authority by another person (hereinafter called the "Principal") to negotiate or conclude transactions, except for transactions involving immovable property, on behalf of and in the name of that Principal and who performs this activity on a self-employed and commercial basis.
(2) The Principal may also be a Commercial Agent.
(3) Conclusion of transactions by the Commercial Agent
§2. (1) The Commercial Agent may only conclude transactions on behalf of and in the name of the Principal if he is authorized so to do.
(2) If a Commercial agent who only has authority to negotiate transactions concludes a transaction with a third party in the name of the Principal, the said Principal will be deemed to have authorized the transaction if he does not notify the third party that he repudiates the transaction immediately after he has become aware of conclusion of the transaction.
Authority of the Commercial Agent
§3. (1) The Commercial Agent may only accept payments for the Principal if he is authorized to do so.
(2) If the authority includes the entitlement to accept payments, the Commercial Agent will only be deemed to be authorized to receive payments which are in accordance with the agreed conditions. Such entitlement shall not, on the other hand, include the authority to amend the terms of payment agreed on conclusion of the transaction, and in particular the right to effect compromises or grant discounts.
(3) If the activity of the Commercial Agent includes travelling, he shall also be authorized to collect the purchase price arising from the sales concluded by him or to authorize payment deadlines therefor.
(4) Notification of defects in a product, statements that a product is being made available and other statements by means of which customers protect their rights may also be made to the Commercial Agent.
(5) The Commercial Agent shall be entitled to exercise the right falling to the Principal to ascertain the condition of the goods; he shall not be entitled to dispose of the goods when in doubt unless the condition thereof makes this urgently necessary.
(6) A third party shall only be required to accept the assertion against him of restrictions on the authority of the commercial Agent if he was, or must have been, aware of such restrictions.
Rights and obligations of the Principal and of the
Commercial Agent Instruments
§4. The Principal and the Commercial Agent shall be obliged to provide the other party, at the request of the latter, with a signed instrument which contains the text of the agency agreement which is valid at that time.
Obligations of the Commercial Agent
§5. The Commercial Agent shall be obliged to endeavor to negotiate or conclude transactions. In performing his activities, he must look after the Principal`s interests, showing the care of a prudent businessman, and shall, in particular, be obliged to notify the Principal of the necessary information and to inform the Principal of every transaction which he has concluded for the Principal.
Obligations of the Principal to provide support
§6. (1) The Principal must support the Commercial Agent in the exercise of his activity.
(2) The Principal must in particular:
(3) 1. place the necessary documentation at the disposal of the Commercial Agent and provide him with all the information necessary for the performance of his activity,
2. 3. inform the Commercial Agent immediately if he foresees that the scope of transactions will be much smaller than the Commercial Agent might have expected from the circumstances, and in particular on the basis of the previous scope of business or the information provided by the Principal,
4. 5. to inform the Commercial Agent immediately of acceptance or repudiation of a transaction which has been negotiated or concluded without authorization or of the non-execution of a transaction negotiated or concluded by him.
6. Prohibition on the acceptance of recompense
§7. (1) In the absence of any contrary trade practice in the line of business in question, the Commercial Agent may not, without the consent of the Principal, accept recompense from the third party with whom he concludes or negotiates transactions for the Principal.
(2) The Principal may require the Commercial Agent to hand over the unlawfully received recompense and to make good any damage in excess of this amount.
§8. (1) Remuneration of the Principal may take the form of a commission or another consideration.
(2) To the extent that no other agreement has been reached, commission is to be due to the commercial Agent as Remuneration for each transaction which is brought about as a result of his activity. If no contrary trade practice exists in the line of business in question, no right to commission is acquired simply by naming the third party.
(3) In case of doubt, the Commercial Agent shall also have due to him commission for such transactions which are concluded without his direct intervention during the period of existence of the contractual relationship between the customers assigned to him or supplied by him and the Principal.
(4) If the Commercial Agent is expressly appointed as the sole agent for a certain area or for a certain group of customers, there will also be due to him, in case of doubt, commission for transactions which have been concluded without his intervention during the period of existence of the contractual relationship by the Principal or for the latter with the customers pertaining to the area or to the group of customers assigned to the Commercial Agent.
Accrual of the claim for commission
§9. (1) The claim for commission shall arise when the transaction negotiated between the Principal and the third party becomes legally valid, if and to the extent that
1. the Principal has executed the transaction
2. the Principal should have executed the transaction under the contract with the third party
3. the third party has executed the transaction by making payment.
4. (2) The claim for commission shall arise at the latest when the third party has executed his part of the transaction or would have done so if the Principal had executed his part of the transaction.
(3) The claim for commission shall cease to be valid if and to the extent that it is ascertained that the contract between the third party and the Principal is not being executed and this is due to circumstances which are the fault of the Principal. In the event of a delay in payment on the part of the third party, the Principal must, however, demonstrate that all reasonable steps have been taken to make the third-party effect payment.
⭐️ Продолжение ниже.