COMMISSION OF THE COMMERCIAL AGENT

In this paper the author analyses the commercial agent’s commission as the most important type of remuneration for commercial agency. In the European Union the issue of commercial agent’s commission is regulated in the Directive 86/653/EEC on self-employed commercial agents, whereas the Serbian Law on Obligations has still not been harmonised with those rules. Such state of law would change if and when the new Serbian Civil Code is enacted, since its latest Draft contains numerous new solutions, which were inspired by the Directive. The first part of the paper is dedicated to defining the term „commission“ and its distinguishing from the wider term „remuneration“. Thereafter, the main types of commission are explained. The following part investigates whether the commission or its specific type constitutes essentialia or naturalia negotii of the contract on commercial agency. Finally, the last part of the paper deals with the amount and the extent of covering costs by the commission, in the absence of any agreement on that matter.