| Title: | Post-contractual non-compete clause in commercial agency contracts |
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| Authors: | ID Kerčmar, Sebastjan (Author) |
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| Files: |  https://journals.um.si/index.php/lexonomica/article/view/5246
 4-Kercmar.pdf (710,60 KB)
MD5: 83370AB4B80D84DFBFBA6467AE74E30C
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| Language: | English |
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| Work type: | Unknown |
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| Typology: | 1.01 - Original Scientific Article |
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| Organization: | PF - Faculty of Law
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| Abstract: | This paper deals with the legal regime governing post-contractual non-compete clauses in commercial agency contracts, analysing Slovenian legislation and its compliance with Directive86/653/EEC. The Slovenian Obligations Code (OZ) requires the mandatory payment of compensation for compliance with a non-compete clause only in cases where the contract is terminated for reasons attributable to the principal. The author stresses that such a regime may lead to a restriction of contractual freedom without adequate compensation, which is not in line with the spirit of the Directive. Based on a review of the regimes inrespect of non-compete clauses after the termination of a commercial agency contract in various European countries, including Croatia, the author finds that the regimes vary considerably between countries. The paper also focuses on the impact of non-compete clauses on indemnity, as the OZ requires such clauses to be taken into consideration in determining the amount. The author draws attention to the need for a fair balance of interests and for legislation to be revised to ensure that agents are protected against disproportionate restrictions without adequate compensation. |
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| Keywords: | commercial agent, indemnity, commission, post-contractual non-compete clause, monthly compensation for post-contractual non-compete clause, Directive 86/653/EEC |
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| Publication version: | Version of Record |
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| Year of publishing: | 2025 |
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| Number of pages: | str. 59-78 |
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| Numbering: | ǂVol. ǂ17, ǂno. ǂ1 |
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| PID: | 20.500.12556/DKUM-94292  |
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| UDC: | 347.7 |
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| ISSN on article: | 1855-7155 |
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| COBISS.SI-ID: | 245412355 |
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| DOI: | 10.18690/lexonomica.17.1.59-78.2025 |
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| Publication date in DKUM: | 13.08.2025 |
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| Views: | 90 |
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| Downloads: | 11 |
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| Metadata: |    |
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| Categories: | Misc.
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