At the renowned Slovenian publisher “GV Založba”, which has a tradition of over fifty years and is the largest Slovenian publisher of legal books and periodical publications, a scientific monograph authored by Attorney at Law Dr. Sebastjan Kerčmar, a specialist in civil and commercial law, titled » Indemnity according to the rules of the agency contract in comparative law» has been published.
Even though indemnity for a commercial agent has been regulated in Slovenia for over 20 years, answers to numerous ambiguities, hindering the successful application and enforcement of this institute in practice, have not been provided neither in jurisprudence nor in case law. In addition to Article 833 of the Obligations Code, which explicitly deals with the indemnity, other provisions of the Obligations Code also influence the acquisition of the right to indemnity, its loss, and the determination of its amount. One of the key issues is the question of the compatibility of the provisions of the Obligations Code, which regulate the indemnity for a commercial agent, with the Agency Directive. Slovenian legislator has, whether intentionally or unintentionally, introduced two additional rights to indemnity, that give rise to numerous additional questions. Due to seemingly minor but certainly significant deviations, questions also arise regarding the right to indemnity according to the provisions of the Obligations Code implementing the provisions of the Agency Directive. The indemnity as regulated in the Agency Directive itself raises many questions and is the subject of numerous open cases before the Court of Justice of the European Union.
In the monograph, the author after a detailed and comparative legal analysis provides answers to all these and numerous other questions and dilemmas. Only in this way is it possible to create a comprehensive overview of the provisions regarding this institute, and only based on clear foundations of indemnity it is possible to contemplate about its potential analogical application. Therefore, the monograph will not only serve as a foundation for the further development of theory in this field but will also be a guide and encouragement for commercial agents and others in asserting their rights. In doing so, it will contribute to the creation of a valuable judicial practice.
The reviews to the scientific monograph were contributed by two eminent Slovenian professors, namely izr. prof. dr. Peter Podgorelec Associate Professor at the Faculty of Economics and Business, University of Maribor, and doc. dr. Gregor Dugar Assistant Professor at the Faculty of Law, University of Ljubljana. The author of the foreword to the monograph is distinguished theorist and Attorney at Law from Germany dr. Raimond Emde.one of the most frequently cited authors in scientific monographs and one of the leading experts on the discussed issue at the European and global level.
The scientific monograph is available at the following link: https://gvzalozba.si/odpravnina-po-pravilih-agencijske-pogodbe-v-primerjalnem-pravu/