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Commercial agent's indemnity Abstract The thesis deals with an indemnity of a commercial agent. It focuses mainly on determining whether an agent is entitled to the indemnity and on its calculation. The indemnity is a unique legal institution in continental law. In assessing whether a right to indemnity arises and determining the amount of the indemnity, it is necessary to consider the equity of its payment. The assessment of the equity is, in the first instance, left to the parties to the agency contract. Moreover, the current legislation does not expressly provide for the method of calculating the indemnity. Therefore, it is a unique and unclear legal regulation, leading to legal uncertainty for both the agent and the principal. The case law of Czech courts and literature on this topic is still scarce. This paper aims to interpret the legal regulation of indemnity and thus offer guidelines for its correct application. The legal regulation of indemnity in the Civil Code is a transposition of the Directive 86/653/EEC which was based on the legal regulation of the German Commercial Code. Therefore, the thesis is largely based on the case law of the CJEU and German literature and case law, which has developed the dogmatics on indemnity for decades and offers solutions to a large number of issues not yet... |
