Einde inhoudsopgave
Draft Common Frame of Reference
IV. D. — 2:102 Price
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)
The principal must pay a price if the agent performs the obligations under the mandate contract in the course of a business, unless the principal expected and could reasonably have expected the agent to perform the obligations otherwise than in exchange for a price.
(2)
The price is payable when the mandated task has been completed and the agent has given account of that to the principal.
(3)
If the parties had agreed on payment of a price for services rendered, the mandate relationship has terminated and the mandated task has not been completed, the price is payable as of the moment the agent has given account of the performance of the obligations under the mandate contract.
(4)
When the mandate is for the conclusion of a prospective contract and the principal has concluded the prospective contract directly or another person appointed by the principal has concluded the prospective contract on the principal's behalf, the agent is entitled to the price or a proportionate part of it if the conclusion of the prospective contract can be attributed in full or in part to the agent's performance of the obligations under the mandate contract.
(5)
When the mandate is for the conclusion of a prospective contract and the prospective contract is concluded after the mandate relationship has terminated, the principal must pay the price if payment of a price based solely on the conclusion of the prospective contract was agreed and:
- (a)
the conclusion of the prospective contract is mainly the result of the agents efforts; and
- (b)
the prospective contract is concluded within a reasonable period after the mandate relationship has terminated.