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Book 1 · Commercial entities  ›  Division 7 · Commercial agents › Section 86b

Section 86b

(1) If a commercial agent enters into obligation to guarantee performance of the obligation arising from a transaction, they will be entitled to claim special remuneration (del credere commission); such right cannot be precluded in advance. The guarantee may be assumed only for a specific business or transaction, or for business or transactions with specific third parties, which the commercial agent procures or concludes. The assumption of the guarantee requires the written form.

(2) The right to del credere commission arises upon conclusion of the transaction.

(3) Subsection (1) does not apply if the trader or the third party has their establishment, or, in the absence of such, their residence, abroad. Furthermore, it does not apply to transactions for the conclusion and execution of which the commercial agent has unlimited authority.

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