The chapter analyses the effects of a Constitutional Court Ruling which for the first time recognised the obligation of national courts to ensure that fundamental rights are actually effective in horizontal relations, such as those between commercial agents and their principal. Specifically the ruling promoted a restrictive approach to contracts that tied the commercial agent to the principal through mechanisms such as a ban on competing with the principal after the agency had been dissolved. The article discusses potential applications to contracts in supply chains as well as marketing instruments such as franchising.
|Title of host publication||Summum ius, summa iniuria? Zivilrecht zwischen Rechtssicherheit und Einzelfallgerechtigkeit|
|Subtitle of host publication||Jahrbuch Junger Zivilrechtswissenschaftler|
|Number of pages||18|
|Publication status||Published - 1995|
ASJC Scopus subject areas
- Social Sciences(all)