Intermediary contracts concerning goods and services : general part and commercial agency contract : (reform project)

The text presents draft provisions on commercial intermediary agreements, prepared within the framework of the Academic Project of the Civil Code. The rules encompass the general part of commercial intermediary agreements, as well as one particular contract: commercial agency. The former element is entirely novel from the perspective of the existing provisions of the Polish civil law, which do not contain any comparably general set of rules dedicated to intermediary contracts. In the latter respect, the draft proposes a few alterations to the existing rules on commercial agency. They aim to remedy the deficiencies of the existing rules that has been evidenced through practical functioning of agency contracts (identified by empirical studies), as well as through the case law of Polish courts of various level. The proposed rules are accompanied with motives that provide more deepened rationale for the choices between various possible solutions to the regulatory needs in the domain of intermediary agreements. They also explain the background of the draft provisions in the EU law and the CJEU decisions, as well as in the relevant sets of model rules, with particular regard to the Draft Common Frame of Reference.