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Contract for commercial representation
In a commercial agency agreement, a commercial agent as an independent entrepreneur undertakes to carry out long-term activities for the represented party aimed at concluding certain types of transactions by the represented party, and the represented party undertakes to pay a commission to the commercial agent. By this contract of the command type, the agent undertakes to carry out activities aimed at concluding contracts of a predetermined type and kind with third parties, and for this purpose the law gives him an option, by means of this contract, to act on behalf of the represented party and to carry out other operations related to this business activity. If the commercial agent is not an entrepreneur, it cannot be referred to as commercial agency and other contracts of command type that do not have this feature, such as order contract or contract of representation, must be considered. This contract may be negotiated as exclusive or non-exclusive, which is typically a concern when negotiating the content of contracts, given that there are a myriad of rights and obligations that should be covered in the content of the contract. Typically, a power of attorney for the representation of the represented party by a commercial representative will need to be drafted at the same time under this contract.
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Through the purchase contract, the seller undertakes to handover the thing that is the subject of purchase to the buyer and to allow him to acquire the ownership right to it, and the buyer undertakes to take over the said thing and to pay the seller the purchase price. It is therefore a means of transferring the right of ownership for financial consideration. If there was no financial consideration, it would not be considered a purchase contract but, according to the content of the contract, probably a contract of exchange. The transfer of ownership typically takes place upon the effectiveness of the contract, unless the contracting parties agree otherwise, or unless a mandatory legal regulation so states, as is the case, for example, in regard to transfer of real estate. It is also necessary to think when transferring the ownership right to determine the content of the purchase contract in a way that is most tax favorable for the contracting parties, where the difference in the subsequent tax liability may be significant. In the case of the purchase of real estate, the seller´s existing legal relationships with, for example tenants, energy suppliers and others are also typically also dealt with, where it is also desirable to settle this in the purchase agreement. It is no less important to keep an eye on the provisions of the purchase agreement relating to defects in the transferred property, where waiver of rights from defects by improper construction of the provisions of the purchase agreement can have fatal consequences. The parties to the contract must be unmistakably identified so that it is clear which person is bound by which obligation of the purchase agreement.
In the lease agreement, the lessor undertakes to give the lessee the property for temporary use and the lessee undertakes to pay the lessor rent for this right. The lease agreement is the key element that distinguishes it from a loan agreement. It is therefore a legal title that allows the lessee to temporarily use a property owned by another person. If the subject-matter of the agreement included the use of said property, it would be a usufructuary lease. A lease contract presupposes a certain duration of the contractual relation, which is reflected in the individual rights and obligations of the parties overtime. The contracting parties must be unmistakably identified so that it is clear which person is bound by the lease. Few people know that the lease relationship can also be entered into the register kept by the Land Registry, which also affects the individual rights and obligations.
In a sublease agreement, the lessee of an already concluded lease agreement undertakes to transfer to a third party (subtenant) the property for temporary use and this third party undertakes to pay the sublease rent to the lessee. It is therefore a legal title that allows a third party to temporarily use a property that is in the tenant’s use on the basis of a lease agreement concluded with the owner of the property. If the subject matter of the sublease agreement includes the use of the thing, it would be considered a usufructuary agreement. A sublease agreement presumes a certain duration of the contractual relationship, which is reflected in the respective rights and obligations of the parties. The sublease agreement is time dependent on the lease agreement. The parties must be unmistakably identified so that it is clear which person is bound by the sublease agreement. In the case of a sublease agreement, it should also be noted that the legal regulation of subleases is contained in only two sections of the Civil Code, where most rights and obligations are, moreover, determined only by legal interpretation or authoritative court decisions with reference to the lease agreement, a model of which can also be found at www.morak.cz.