Under Article 86(1) of the Civil Code, every independent representative has a general obligation to look after the interests of his or her sponsor. This obligation implies, among other things, an obligation of patronage. It is therefore not necessary for a commercial restriction clause applicable during the commercial agent contract to be agreed between the client and the agent, as inherent in any commercial agent contract under the law. The commercial agent undertakes to protect the company`s corporate and business secrets and not to keep at the disposal of third parties related documents and commercial relations. The commercial agent must remain confidential, even after the end of the contract, all information, transactions and internal affairs obtained during the term of the contract. The representation is entrusted personally to the commercial agent. he does not have the right to delegate commercial representation to a third party without the explicit consent of the company or to implicitly accept a commercial representation by a third party; however, it is entitled to use auxiliaries to carry out its commercial placement activities. If the sole proprietorship of the commercial agent passes into other hands, this does not result in an automatic transfer of the agent contract to the new owner due to the lack of explicit agreement of the representative. The same applies where the commercial agent, as a contracting party to this commercial agent contract, transforms his business into a sole proprietorship. In such cases, the contractual relationship is not automatically transferred to the company without the explicit consent of the business owners. The commercial agent is authorized to sign contracts with subcontractors or itinerant employers that he wishes to use as subcontractors to fulfill his contractual obligations. The invalidity of a provision of this Treaty shall not entail the nullity of the Treaty as a whole. The inoperable provision shall be replaced by an agreement which comes closest to the object and will of the Contracting Parties.
Since the adaptation of Article 89b of the HGB Code in 2009 following a judgment of the Court of Justice of the European Communities of 29 March 2009, the calculation of the exemption is based on the benefits that the payer continues to derive, after termination of the contract, from commercial relationships established through new customers or from a significant increase with existing customers. Second, it is necessary to examine whether the compensation calculated on the benefits that the contracting authority receives is appropriate, for example.B. taking into account the losses suffered by the representative. The equity aspect may lead to an increase or reduction in the right to compensation. . . .