Book contents
- Swiss Contract Law in International Commercial Arbitration
- Swiss Contract Law in International Commercial Arbitration
- Copyright page
- Contents
- Figures
- Acknowledgements
- Abbreviations
- Part I Introduction
- Part II Contracts of Disposition
- Part III Service Contracts
- 5 Contract for Work and Services
- 6 Simple Mandate Contract
- 7 Commercial Agency
- Part IV Innominate Contracts
- Table of Terms
- General Bibliography
- Index
- References
7 - Commercial Agency
from Part III - Service Contracts
Published online by Cambridge University Press: 27 July 2023
- Swiss Contract Law in International Commercial Arbitration
- Swiss Contract Law in International Commercial Arbitration
- Copyright page
- Contents
- Figures
- Acknowledgements
- Abbreviations
- Part I Introduction
- Part II Contracts of Disposition
- Part III Service Contracts
- 5 Contract for Work and Services
- 6 Simple Mandate Contract
- 7 Commercial Agency
- Part IV Innominate Contracts
- Table of Terms
- General Bibliography
- Index
- References
Summary
This chapter examines the commercial agency contract which is governed by Articles 418a–v of the Code of Obligations starting with the sources and characteristics of this contract as well as the delimitations with other contracts and the various types of agents found under Swiss law. This chapter then moves on to the conclusion of the commercial agency contract and analyses in detail the obligations of the commercial agent and the principal. This includes the agent’s obligation to negotiate or conclude contracts, duty of care, obligation of loyalty, liability for the proper performance of the contract by the customer and obligation to return and the principal’s general duty to assist the commercial agent, obligation to pay and other pecuniary duties. Finally, this chapter explores the end of the commercial agency contract including both ordinary and extraordinary causes of termination as well as the winding up of the contract.
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- Swiss Contract Law in International Commercial ArbitrationA Commentary, pp. 558 - 626Publisher: Cambridge University PressPrint publication year: 2023