The paper deals with commercial character of an agency agreement defined in Article 758 § 1 of Polish Civil Code 1964. The commercial character of the agency agreement means that: (i) the agent's activities performed under the agreement shall have a character of a business activity; the author argues against the prevailing opinion of Polish jurisprudence that the agent shall have status of a businessman at the moment of concluding the agency agreement; (ii) the principal shall conclude the agreement in his capacity as a businessman, i.e. in connection with his business activity. The author applies a comparative method and analyses regulations of German Commercial Code and Council Directive of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents.
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