THE AGENCY AGREEMENT IN THE NEW CIVIL CODE

Although not for the first time, the new Civil Code regulated separately the agency agreement in art. 2072 - 2095. As a consequence of the monist concept, the new Civil Code includes many agreements from now on, including those considered up to present proper to the commercial activity. It is also t...

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Main Author: Livia MOCANU
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2014-05-01
Series:Challenges of the Knowledge Society
Subjects:
Online Access:http://cks.univnt.ro/uploads/cks_2014_articles/index.php?dir=02_Private_Law%2F&download=CKS+2014_private_law_art.018.pdf
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author Livia MOCANU
author_facet Livia MOCANU
author_sort Livia MOCANU
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description Although not for the first time, the new Civil Code regulated separately the agency agreement in art. 2072 - 2095. As a consequence of the monist concept, the new Civil Code includes many agreements from now on, including those considered up to present proper to the commercial activity. It is also the case of the agency agreement, previously regulated by a special normative document that is Law no. 509/2002, based on a Directive of the European Union. The rules comprised in the present regulation define a separate agreement, stand-alone agreement, with its own features, in agreement with the part it plays in achieving the intermediation activity, a part legally established by the law of the European Union. The present study is focused on the analysis of the legal regime of the agency agreement, in accordance with the new Civil Code, dealing with the following aspects: its legal frame, its legal definition and features, the content of the agreement, its effects and the termination of the agency agreement.
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spelling doaj-art-9bab89c2b45e40d19fa63cb36eefbf542024-12-02T02:25:40ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962014-05-014-160168THE AGENCY AGREEMENT IN THE NEW CIVIL CODELivia MOCANU0Associate Professor, PhD, Faculty of Law and Administrative Sciences, “Valahia” University from TârgovişteAlthough not for the first time, the new Civil Code regulated separately the agency agreement in art. 2072 - 2095. As a consequence of the monist concept, the new Civil Code includes many agreements from now on, including those considered up to present proper to the commercial activity. It is also the case of the agency agreement, previously regulated by a special normative document that is Law no. 509/2002, based on a Directive of the European Union. The rules comprised in the present regulation define a separate agreement, stand-alone agreement, with its own features, in agreement with the part it plays in achieving the intermediation activity, a part legally established by the law of the European Union. The present study is focused on the analysis of the legal regime of the agency agreement, in accordance with the new Civil Code, dealing with the following aspects: its legal frame, its legal definition and features, the content of the agreement, its effects and the termination of the agency agreement.http://cks.univnt.ro/uploads/cks_2014_articles/index.php?dir=02_Private_Law%2F&download=CKS+2014_private_law_art.018.pdfintermediationprincipalagentexclusivitynon-competition clause
spellingShingle Livia MOCANU
THE AGENCY AGREEMENT IN THE NEW CIVIL CODE
Challenges of the Knowledge Society
intermediation
principal
agent
exclusivity
non-competition clause
title THE AGENCY AGREEMENT IN THE NEW CIVIL CODE
title_full THE AGENCY AGREEMENT IN THE NEW CIVIL CODE
title_fullStr THE AGENCY AGREEMENT IN THE NEW CIVIL CODE
title_full_unstemmed THE AGENCY AGREEMENT IN THE NEW CIVIL CODE
title_short THE AGENCY AGREEMENT IN THE NEW CIVIL CODE
title_sort agency agreement in the new civil code
topic intermediation
principal
agent
exclusivity
non-competition clause
url http://cks.univnt.ro/uploads/cks_2014_articles/index.php?dir=02_Private_Law%2F&download=CKS+2014_private_law_art.018.pdf
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