THE COMMERCIAL AGENT’S RIGHT TO AN INDEMNITY AS PER ART. 40, PARA 1 CA

Author

Chief Asst. Prof. Aleksandar Katzarski

Annotation

The article researches the commercial agent’s right to an indemnity as per Art. 40 CA in view of the requirement to have regard to all relevant circumstances. The estimation might be that no indemnity is due but not that indemnity is due where a fact as per Art. 40 Para 3 p. 2 and 3 CA has occurred. These circumstances are relevant for the indemnity amount as well. The average annual remuneration is due provided one of the alternative pre-conditions as per Art. 40 Para 1 CA has occurred and so the agent has not to establish the amount. Provided the principal pretends a lower indemnity he is to prove the circumstances leading to a lower amount – often that during the effectiveness of the contract the net income is lower than the remuneration received due to permanent circumstances to be borne by the agent.

Keywords

commercial agency, termination, termination indemnity, relevant circumstances

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