This content is from: Local Insights

Poland

According to article 758 of Poland's Civil Code, as amended by the Law on Amendment of the Civil Code Act of July 26 2000, agency is based on a contract by means of which the person accepting the mandate (agent) assumes the obligation to mediate permanently, within the scope of the activity of his or her enterprise, for a financial consideration, in the conclusion of contracts with clients for the benefit of the entrepreneur being the principal, or in the conclusion of such contracts in the prinicipal's name.

The main feature of the definition of agency is the obligation of the agent to run an enterprise. Indeed, before this amendment many natural persons, who were not entrepreneurs, concluded agency contracts by virtue of which they became agents.

The new definition complies with the Directive of the European Council No 86/653 of December 18 1986 on the coordination of the laws of the member states relating to self-employed commercial agents, according to which a commercial agent should be a professional. On this basis, article 7615, section 2 of the Civil Code introduces the institution of a commercial agent with special rights, such as for example the right to demand to have insight into the commercial books of the principal. Granting the agent such powers must be connected with his or her credibility to keep this information confidential. Therefore, it seems that the Polish legislator believed that entrepreneurs provide the broadest possible scope of security in this regard.

Ludomir Biedecki

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