Przekształcenie umowy agencyjnej zawartej na czas oznaczony w umowę zawartą na czas nieoznaczony
Conversion of an agency contract for a fixed period into an agency contract for an indefinite period

Summary/Abstract: The paper analyses Article 764 of Polish Civil Code, which is the effect of implementation of Article 14 of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to selfemployed commercial agents. According to Article 764 an agency contract concluded for a fixed period which continues to be performed by both parties after that period has expired shall be deemed to be concluded for an indefinite period. Similar regulation is contained in § 89 of German Commercial Code and in the national laws of the other Member States. The underlying thesis of the paper is that Article 764 regulates interpretation of parties’ activities consisting in performing the contract for a fixed period after that period has expired. As in the case of semantic rules of language, the interpretation rule contained in Article 764 shall apply at the beginning of interpretation process of performing the contract, and not only in the event of doubts about meaning of the parties activities.

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