Commercial Representative rights
LAVVIT advises on the German law of commercial agents
Agency agreement and settlement disputes
LAVVIT advises companies and commercial agents or sales companies on disputes and the conclusion of contracts or interpretations - both in and out of court.
Advice on conclusion of contract
When concluding a contract, we draft a commercial agency contract or review a commercial agency contract that one of the parties has submitted to the other. In particular, we will clarify the question of del credere or a post-contractual non-competition clause. The commercial agency contract as an agency contract with the special rules of the Commercial Code is a continuing obligation and must therefore be drafted and checked very carefully. The rights and obligations of the contractual partners must be precisely defined.
Termination of commercial agency agreement
During the contractual relationship, disputes between the commercial agent and the principal rarely arise. Problems often only arise at the end of the business relationship. The commercial agency contract is terminated by the lapse of time or by ordinary or extraordinary termination. In the case of extraordinary termination, it depends on the individual case; here the extensive casuistry of the Higher Regional Courts and the Federal Court of Justice must be taken into account.
LAVVIT checks and enforces compensation claims
The compensation claim of the commercial agent against the entrepreneur is often disputed. Although Section 89b of the German Commercial Code (HGB) lays down the prerequisites for the right to compensation, the features of this standard are so unclear that legal disputes almost always arise. Because it is not only important that the commercial agent proves business connections with new customers or the expansion of business connections with existing customers. Rather, the equity – i.e. the individual case – must be checked carefully. Because every commercial agency relationship is different because every company, every industry, every commercial area, etc. is different. LAVVIT precisely and accurately examines the commercial agent's claims and enforces them in court.