September 15, 2021
In the present case, an intermediary had entered into a social contract which it had to seek out buyers wishing to invest in residential property for remuneration which had to be paid after the signature of the authentic certificates of sale and receipt of the funds. A clause in the contract provided that the (…) This list is exhaustive. However, if the agent is incurred by one or more of the above risks or costs, the agreement between the agent and the client shall not qualify as a commercial agent contract. The question of risk must be assessed on a case-by-case basis and on the basis of the economic reality of the situation and not on the legal form. For practical reasons, the risk analysis can begin with the assessment of the risks specific to the contract. If the agent can take risks specific to the contract, it is sufficient to conclude that the agent is an independent distributor. 134-4). Failure by the contracting entity to comply with that obligation enables it to intervene in the breach caused by the supplier and, consequently, the (…) Discussions on agency contracts have long focused on the distinction between “real” and “non-real” agents and who bears the risks between the principal and the agent. .
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