Law 4886/65 provides for a number of rights for represented agents and commercial agents. In the latter case, it can be highlighted:– The representative has the right to receive commissions due on request or proposals calculated on the basis of the value of the goods;– You have the right to receive these commissions until the 15th of the following month;– In case of bankruptcy of the representative, the representative has the right to convert all commissions due by law into employment claims. – The agent has also guaranteed the full amount of commission received for sales that are then cancelled or cancelled without his participation (clause del credere) – among others. 39. For the settlement of disputes between representatives and representatives, the ordinary judicial power and the court of the domicile of the representative shall be governed by the provisions of Art. Article 275 of the Code of Civil Procedure with jurisdiction of the court for minor cases. The Commercial Representation Act lays down certain basic requirements to be met by any natural or legal person wishing to engage in these activities. This is how the text of the law provides it: in this sense, for example, we speak of legal representative when it is necessary to practice negotiation actions, often outside. That is, the legal representative, who in most cases is one of the partners or a director, is the one who represents the interests of the company in the market and has a more targeted role for the direction of the company. Given this, those who work in the accounting industry have certainly come across the terms „legal representative” and „legal guardian”. These concepts, although somewhat similar, are not considered synonymous in practice. In fact, they reflect very different legal situations. The expression of the will of the representative within the limits of his powers binds the representative of such an art, which is bound to the manifestations of the will exaradas by the representative, within the limits of the powers conferred on him[1].
The expression of the will of the agent in the undertaking on behalf of the person represented within the framework of the powers conferred on him produces legal effects vis-à-vis the represented person who acquires the rights arising therefrom or assumes the obligations thereof. As soon as the transaction is executed by the agent, the rights are acquired by the agent, who is incorporated into his assets; The duties contracted in the name of the person represented must also be fulfilled by him, and by them he answers to his property. With that in mind, we select three points below that can cause headaches in agency contracts. Should we go to them? Given this, you may be wondering what a sales rep is. This concept is already explicit in the first article of Law 4886/65, which states: As I said, the powers of attorney of the legal guardian are granted by a power of attorney from the legal representative of the company. Therefore, the powers of the controller are more limited, as he can only perform actions that have been granted by proxy. The autonomy of the commercial agent is not limited to the respect of working hours and the achievement of minimum productivity, see, he does not obey the instructions of the employer, receives only instructions and instructions for the development of his work (DELGADO, 2010). As Martins (2008) points out, „in subordination, central direction of the day-to-day mode of service delivery is transferred to the borrower; Independently, the central direction of the day-to-day delivery of services is retained by the employer. In the employment relationship, there are guiding principles which, in this case, assure the commercial agent of his rights and guarantees arising from this relationship, being considered as the commercial agent as the weakest party to this legal relationship (REQUIÃO, 2005).
On the principles of the employment relationship, delgado (2010) explains: On the other hand, we think of legal guardians when it is necessary that a third party who has a connection with the company has certain freedoms and privileges to act on its behalf. Here, however, the focus is more on the execution of internal activities, which are often related to the accounting, tax and administrative management of the company. In this context, the professional needed his own rules to be able to exercise his function legally and exercise the prerogatives he had conquered. It was unfair and ethical when the professional broke the market, was loyally loyal and the many representatives kicked him off the board without further explanation. Thus, Requião (2005) teaches us what happened before the law on commercial agencies: in comparison, the legal representative has greater authority with regard to the actions of the company, while the person responsible is only limited with regard to the powers conferred on him by the authority. 2 – The minor, the parents, the legal representative or the person having custody of him and the defence lawyer shall have access to the information referred to in the preceding paragraph, in accordance with the law, whenever they request it and the court authorizes it. Now that you know what activities are covered by the sales representative, you may be wondering what sets this professional apart from a salesperson. It is also evident that the duties of a commercial agent include mediation, mediation and forwarding business proposals and inquiries to representatives. In this sense, the legal representative is granted certain privileges and powers. This includes the ability to sign contracts, make commitments and issue proxies, including who will be legally responsible for the business.
In this article, you will learn how the Commercial Representation Act affects representatives and represented representatives, examine the obligations of each party and see what should not be missing in a representation agreement.