The contract of commercial agency

By a contract of commercial agency the agent shall assume the obligation to take permanent care that third persons enter into contracts with his principal, and to mediate in that respect between them and the principal, as well as to enter into contracts, after obtaining authorisation, with third persons on behalf and for the account of the principal, while the principal shall assume the obligation to pay to him, for each contract concluded, an agreed fee (brokerage).

A principal may have several agents in the same area for the same kind of business. One agent shall not, without his principal’s consent, assume the obligation to work for another principal regarding the same kind of business in the same area.

A contract of commercial agency must be concluded in written form. Concluding Contracts on Behalf of a Principal An agent may conclude contracts on behalf and for the account of his principal only after obtaining from him a corresponding particular or general authorisation. Continue reading The contract of commercial agency

Liability for another

Liability for another was regulated by the provisions of Articles from 164. to 169 of the Law of Contract and Tort.

With liability for another varies the perpetrator of damage – tort-feasor from the responsible person – a person who is obliged to compensate the caused damage. Liability for the other was established in the interest of the injured party, because it is the perpetrator of damage that usually has no assets for the compensation of damage.

Liability for another means responsibility for the damage and the person responsible for another, and tort-feasor, except in cases when the damage is caused by a person who, due to mental illness or retarded mental development, or for some other reasons, is not mentally competent or by a child of up to seven years of age.

Tort-feasor shall be responsible in accordance with the principle of fault, because it is a responsibility for its own actions. Continue reading Liability for another

Indemnity for damage for mental anguish suffered due to disfigurement

A disfigurement represent permanent change of the external appearance of a person that shall be manifested in the loss of a limb, indignity of aesthetic appearance, indignity of a body part or the impairment of a bodily function.

Disfigurement as a ground for the payment of non-material damage

Ground for indemnity of non-material damage is the mental pain because of disfigurement, and not only the existence of disfigurement without mental pain.

Whether there is any non-material damage in the form of mental pain due to disfigurement (Article 200 paragraph 1 of the Law of Contracts and Torts) shall be estimated according to objective and subjective criteria. Continue reading Indemnity for damage for mental anguish suffered due to disfigurement