NEKOLIKO NAPOMENA O UGOVORU O TRGOVINSKOM ZASTUPANjU IZ UGLA MEĐUNARODNOG PRIVATNOG PRAVA SRBIJE

This paper analyzes the influence of mandatory rules of EU Member States on commercial agent’s right to indemnity/compensation (which come from Art. 17 and 18 of Directive 86/653/EEC) on determining the law applicable to commercial agency contract in accordance with the conflict-of-law rules of Serbian Private International Act as well as on jurisdiction (prorogation) clause in favor of Serbian courts. Considering that these mandatory rules are usually classified as overriding mandatory rules which apply irrespective of which law is applicable to an agency contract, the author analyzes two situations in which their application can emerge: the first situation relates to the cases in which a principal has seat in EU Member State and an agent has seat in Serbia; the second situation relates to the cases in which a principal has seat in Serbia and an agent has seat in EU Member State. After that, author explains that the courts of EU Member States dismiss the jurisdiction clauses by which the courts of non-Member States have been prorogated, if these courts would not apply the rules which secure the same or similar level of protection for commercial agents as those of Directive 86/653/EEC. Bearing this in mind, author also analyzes whether the courts of EU Member States would recognize the effects of prorogation of Serbian courts in such cases

Various Clauses in a Cross-Border Commercial Representation Agreement

The paper is devoted to certain types of clauses in a cross-border commercial representation agreement. Particular attention is given to a non-competition clause, compensation clause, a clause on limiting the scope of the contract to a certain category of consumers, anti-corruption clause, applicable law clause, jurisdiction clause, arbitration clause. The paper examines the issue of the possibility of including certain clauses in a cross-border commercial representation agreement and the ratio of the conditions included in the agreement with the possibility of their execution within the framework of the legislation of the respective state. The analysis of the clauses was carried out on the basis of such documents as the Liner Agreement of the Federation of National Associations of Ship Brokers and Agents; Model Commercial Agency Contract Prepared by the International Chamber of Commerce; Baltic and International Maritime Council Dispute Settlement Terms 2016; General Agency Agreement prepared by the Federation of National Associations of Ship Brokers and Agents, etc.

Business Relationships between Corporations and Distributors: A Study of Petroleum Business Law in Indonesia

The paper aims to analyze the business relationship in LPG (Liquefied Petroleum Gas) distribution and marketing in Indonesia as it has an important and strategic role for most Indonesian people. By using a juridical and empirical approach, the results showed that Pertamina is a state-owned company that assigns LPG duties to the end-user. To reaches the end-user needed by another intermediary, namely an agent. The legal relationship between Pertamina and the agent is stipulated in the agency contract. Form the theory side, it is necessary to research whether the agency contract is based on the basic principles of agency law or not. The incompatibility of an agency contract with the basic principles of agency law caused the contract not to have legal force. The contribution of this research is its examination of the legal validity of the agency contract of Pertamina with the agent and to provide a legal opinion from the agency theory side which should be the basis for making agency contracts.

Conditions And Requirements to Obtain Commercial License By An Agent to Practice Commercial Agency ( Comparative Analytical Study)

The commercial agency contract receives a great attention compared to the other commercial contracts. This is because of the importance of this contract in the field of commercial activity and its role in the prosperity of any countries' economy. In addition to the fact that this contract is considered a legal means in order to facilitate the dealings. Shall a client is unable to carry out his/her work by him/herself; s/he can delegate another person, an agent, to carry out the task. It is a contract whereby the commercial agent is obligated to represent his/her agent in distributing, selling, offering, or providing a commodity or service in a specific area of ​​activity or according to the agreement, and the commercial agent exercises his work independently in return of a fee. However, the commercial agent cannot practice the profession of commercial agency except after obtaining a license to practice the profession. When reviewing the provisions of, the effective, Iraqi Commercial Agency Organization Law and the laws of comparison, we find out that there are several conditions and procedures that the commercial agent must follow to obtain a license to practice commercial agency business, otherwise it is not permissible for any person to accept agency from another person without prior permission taken from the competent authorities, failure to that, s/he will be exposed to the penalties that are stipulated in the law which regulates commercial agency. In order to inform and study aspects of the research, we divided the study into two chapters. In the first chapter, we explain the conditions that must be met by the applicant for a license to practice the business of commercial agency. While in the second chapter, we describe the procedures necessary for a commercial agent to obtain a license to practice the business of commercial agency. In the research, we came to an end with a conclusion that includes a set of conclusions and recommendations.

Distribution Contract Analysis on e-Platform by Considering Channel Role and Good Complementarity

Although suppliers can sell their goods on e-retailers’ e-platforms through either a wholesale or agency contract, suppliers that produce complementary goods and have different channel roles have been confused as to how to choose an optimal distribution contract. This paper aims to study this problem by considering the combined impacts of suppliers’ channel roles, e-retailer’s referral fees, goods’ differences in the level of complementarity and goods’ differences in potential demand. Our results show that, regardless of one supplier’s distribution contract choice, the other supplier always prefers agency contract, which is independent of two suppliers’ channel roles, the e-retailer’s referral fees, two goods’ differences in the level of complementarity and two goods’ differences in the potential demand. Moreover, when two suppliers use different distribution contracts to sell goods with different levels of complementarity on the same e-retailer’s e-platform, low-complementarity goods have a larger optimal retail price only if the two goods’ differences in the level of complementarity are sufficiently high, and the supplier can obtain more profits by producing low-complementarity goods regardless of the supplier’s distribution contract and channel role.

Takaful Retirement Annuity Plan in Malaysia: A Proposed Model

Islamic insurance, hereafter referred to as takaful, is established on the concept of mutual assistance and mutual assurance between participating members who undertake to mutually guarantee and indemnify one another in case of a particular defined event. This concept has been widely used to structure various takaful products, ranging from general to family takaful, with features that resemble most of the features of conventional insurance. Nevertheless, the fact remains that not all conventional product features can be easily adopted and offered by takaful operators (TOs). This is evident in the absence of a Shariah-compliant model for retirement annuity plans with defined benefit features in the Malaysian takaful industry. This is despite its important features of providing security and peace of mind to the participants during their retirement years. The present study proposes the application of a hibah muallaqah (conditional gift) contract structured together with a wakalah (agency) contract for a Shariah-compliant retirement annuity plan. The study also identifies several potential Shariah issues and operational challenges entangling the proposed model. The study concludes with a set of policy recommendations.

Employees’ Shariah Provident Fund in Malaysia: A Juristic Analysis

The purpose of this article is to analyze the experience of the Employees’ Provident Fund or EPF in the management of the Shariah Fund and the jurisprudential adaptation of its activities and investments. This article selects the EPF in Malaysia as a model for analysis as a successful financial project. This article uses both inductive and analytical approaches to achieve its objectives. Malaysia's Shariah Retirement Savings Fund for workers needs to develop Shariah-compliant investment methods to achieve the objective of investing the savings of contributing members with a good financial return so that the members’ financial assets in the fund will increase. The article reveals that the Malaysian Workers’ Provident Pension Fund was developed on the wakālah (agency) contract which matches the nature of the fund's activities with its rich, flexible and secure features