What is a Commercial Agency?
A
contract between the principal and the agent,
whereby the agent is obliged to import the products
of his principal, or distributing, selling, display
of such products. Or providing commercial services
within the kingdom, or for his own interest on
the principals behalf.
What laws apply to Commercial Agents in the
Jordan?
Laws
regulating Commercial Agencies in Jordan are contained
in the Jordanian Commercial Agents & Intermediaries
Law No. 28 for Year 2001. (the Agency Law).
Jordanian Commercial Law and the Civil Law may
also apply to a certain extent. The provisions
of the Commercial Code would likely be applicable
in cases where they address an outstanding issue,
and the Civil Code would apply in instances where
there are gaps in the Commercial Code.
What is the Commercial Intermediary?
Undertaking
mediation between two parties for the facilitation
of concluding contracts, or commercial transactions
for a determined remuneration. Without baring
its consequences.
Who can be a Commercial Agent?
Is
the person undertaking commercial mediation between
two parties, one of which being a distributor,
or an exporter registered outside the kingdom
for a known remuneration in exchange for the facilitation
of commercial transactions, or the concluding
of a contract, without being an agent of either
party or a party in the contract itself.
What is the ambit of Protection under the Agency
Law?
Unless
registered in the commercial agents or intermediary
record, as the case may be, no person can undertake
the tasks of commercial agency, or intermediary
in the kingdom.
In
accordance with the provisions of this law, the
parties to an unregistered agency shall not have
any of the privileges designated by law the commercial
agent or principal. However, third parties can
rely on an unregistered agency as a basis for
a law suit, if its presence can be established.
Unless
the person is registered as a commercial intermediary,
his case against a party to a contract, the intermediated
to conclude, shall not be heard.
What is the legal effect of a non-termination
Clause?
In
accordance with the provisions of this law, the
parties to an unregistered agency shall not have
any of the privileges designated by law the commercial
agent or principal. However, third parties can
rely on an unregistered agency as a basis for
a law suit, if its presence can be established.
What Are The Competent Courts?
Jordanian
courts shall have competence in resolving any
dispute arising out of the commercial agency contract
or the application of he provisions of this Law.
The
case arising out of a dispute on the commercial
agency contract shall not be heard after three
years of the date the contract ends, or terminated
for any reason.
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