유럽 상행위법 통일화에 관한 분석 대리상, 프랜차이즈와 독점판매대리계약을 중심으로

The Principles of European Law, Commercial Agency, Franchise and Distribution Contracts deal with the European Commercial Transaction Law and with other contracts where one party uses the other party’s skill and efforts to bring its products to the market. Although these Principles are not directly applicable to other long-term commercial contracts some of the articles may be applied to such contracts by way of analogy where appropriate. Commercial agency contracts apply to contracts under which one party, the commercial agent, agrees to act on a counting basis as a self-employes intermediary to negotiate or to conclude contracts on behalf of another party, the principal, and the principal agrees to remunerate the agent for those activities. Franchise contracts applies to contracts under which one party(the franchisor) grants the other party (the franchisee), in exchange for remuneration, the right to conduct a business within the franchisor’s network for the purposes of supplying certain products on the franchisee’s behalf and in the franchisee’s name, and under which the franchisee has the right and the obligation to use the franchisor’s tradename or trademark or other intellectual property rights, know-how and business method. Distributorship applies to contracts under which one party, the supplier, agrees to supply the other party, the distributor with products on a continuing basis and the distributor agrees to purchase them, or to take and pay for them, and to supply them to others in the distributor’s name and on the distributor’s behalf.