Einde inhoudsopgave
Draft Common Frame of Reference
IV. D. — 1:101 Scope
Geldend
Geldend vanaf 01-01-2009
- Redactionele toelichting
De dag van de datum van afkondiging is gezet op 01. De datum van inwerkingtreding is de datum van afkondiging.
- Bronpublicatie:
01-01-2009, Internet 2009, ec.europa.eu (uitgifte: 01-01-2009, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-01-2009
- Bronpublicatie inwerkingtreding:
01-01-2009, Internet 2009, ec.europa.eu (uitgifte: 01-01-2009, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Civiel recht algemeen (V)
EU-recht / Bijzondere onderwerpen
Internationaal privaatrecht / Algemeen
(1)
This Part of Book IV applies to contracts and other juridical acts under which a person, the agent, is authorised and instructed (mandated) by another person, the principal:
- (a)
to conclude a contract between the principal and a third party or otherwise directly affect the legal position of the principal in relation to a third party;
- (b)
to conclude a contract with a third party, or do another juridical act in relation to a third party, on behalf of the principal but in such a way that the agent and not the principal is a party to the contract or other juridical act; or
- (c)
to take steps which are meant to lead to, or facilitate, the conclusion of a contract between the principal and a third party or the doing of another juridical act which would affect the legal position of the principal in relation to a third party.
(2)
It applies where the agent undertakes to act on behalf of, and in accordance with the instructions of, the principal and, with appropriate adaptations, where the agent is merely authorised but does not undertake to act, but nevertheless does act.
(3)
It applies where the agent is to be paid a price and, with appropriate adaptations, where the agent is not to be paid a price.
(4)
It applies only to the internal relationship between the principal and the agent (the mandate relationship). It does not apply to the relationship between the principal and the third party or the relationship (if any) between the agent and the third party.
(5)
Contracts to which this Part applies and to which Part C (Services) also applies are to be regarded as falling primarily under this Part.
(6)
This Part does not apply to contracts pertaining to investment services and activities as defined by Directive 2004/39 /EC, OJ L 145/1, as subsequently amended or replaced.