O strzyżeniu OWIEC, czyli o agentach, którzy nie są agentami
On shEEPs’ shearing that is on agents not being agents

Summary/Abstract: Polish word “owca” means sheep. OWCA is Polish abbreviation from “person performing agency activ- ity”. According to Polish Insurance Distribution Act 2017 such a person is not an agent himself but is employed by an agent to perform agency activities. The contract between such a person and agent is not considered by the Act contract of agency. This is used by insurer to create depending on them in- surance distribution companies who are employing OWCAS on the basis of a contracts named “contract of cooperation” that do not envisage or explicitly exclude rights given to an agent as a weaker party of the agency contract by the provisions of the Polish Civil Code on contract of agency that implement Directive 86/653/EEC. The author discusses the opinion expressed in Polish legal doctrine as well as in Polish and European judicature and concludes that the contract between OWCA and the insurance agent in an unnamed contract to which provisions of agency shall be applied per analogiam. This results with illegality of exclusion of rights given to agent by the Civil Code and the Directive.

• Details
• Contents