Comission agency: Certain open issues
A particularity of commission agency is that the commission agent acts in its own name, but for the account of the principal. The provisions of the Law on Obligations leave certain practical issues conclusively unresolved, and such issues have been encountered both in doctrinal analysis and in case...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
University of Belgrade, Faculty of Law, Belgrade, Serbia
2022-01-01
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| Series: | Anali Pravnog Fakulteta u Beogradu |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2022/0003-25652200591P.pdf |
| _version_ | 1797938717625679872 |
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| author | Pavić Vladimir Živković Miloš |
| author_facet | Pavić Vladimir Živković Miloš |
| author_sort | Pavić Vladimir |
| collection | DOAJ |
| description | A particularity of commission agency is that the commission agent acts in its own name, but for the account of the principal. The provisions of the Law on Obligations leave certain practical issues conclusively unresolved, and such issues have been encountered both in doctrinal analysis and in case law. The article analyzes some of the issues that, while being relevant in practice, have not been subject to scrutiny recently, such as the content and reach of the obligation of the commission agent to act in accordance with the instructions of the principal, the principals rights over chattels, and claims acquired by the commission agent or held by it, implications of the provisions of the law regulating the rights of the principal in case of bankruptcy of the commission agent, and the consequences of commission agent's belated transfer of monies received or even unauthorized use of monies belonging to the principal. |
| first_indexed | 2024-04-10T19:04:03Z |
| format | Article |
| id | doaj.art-fed946e1a29d4d548c44d93f6e6297c5 |
| institution | Directory Open Access Journal |
| issn | 0003-2565 2406-2693 |
| language | English |
| last_indexed | 2024-04-10T19:04:03Z |
| publishDate | 2022-01-01 |
| publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
| record_format | Article |
| series | Anali Pravnog Fakulteta u Beogradu |
| spelling | doaj.art-fed946e1a29d4d548c44d93f6e6297c52023-01-31T07:29:13ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932022-01-0170poseban59160710.51204/Anali_PFBU_22MK21A0003-25652200591PComission agency: Certain open issuesPavić Vladimir0Živković Miloš1Univerzitet u Beogradu, Pravni fakultet, SerbiaUniverzitet u Beogradu, Pravni fakultet, SerbiaA particularity of commission agency is that the commission agent acts in its own name, but for the account of the principal. The provisions of the Law on Obligations leave certain practical issues conclusively unresolved, and such issues have been encountered both in doctrinal analysis and in case law. The article analyzes some of the issues that, while being relevant in practice, have not been subject to scrutiny recently, such as the content and reach of the obligation of the commission agent to act in accordance with the instructions of the principal, the principals rights over chattels, and claims acquired by the commission agent or held by it, implications of the provisions of the law regulating the rights of the principal in case of bankruptcy of the commission agent, and the consequences of commission agent's belated transfer of monies received or even unauthorized use of monies belonging to the principal.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2022/0003-25652200591P.pdfcommission agencycommission agentprincipalpledgebankruptcy |
| spellingShingle | Pavić Vladimir Živković Miloš Comission agency: Certain open issues Anali Pravnog Fakulteta u Beogradu commission agency commission agent principal pledge bankruptcy |
| title | Comission agency: Certain open issues |
| title_full | Comission agency: Certain open issues |
| title_fullStr | Comission agency: Certain open issues |
| title_full_unstemmed | Comission agency: Certain open issues |
| title_short | Comission agency: Certain open issues |
| title_sort | comission agency certain open issues |
| topic | commission agency commission agent principal pledge bankruptcy |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2022/0003-25652200591P.pdf |
| work_keys_str_mv | AT pavicvladimir comissionagencycertainopenissues AT zivkovicmilos comissionagencycertainopenissues |