The Czech Civil Code (Act 89/2012 Coll.), regulates agency agreements under obligations arising from mandate-type contracts in its fifth part (section 2430 et seq.). There are five types of mandate type contracts: Mandate, Brokerage, Undisclosed mandate, Forwarding and Commercial agency:
- by a mandate contract, a mandatary undertakes to arrange a matter for the mandator. (Section 2430 et seq.);
- by a brokerage contract, a broker undertakes to arrange the conclusion of a contract between the client and a third person, and a client undertakes to pay the broker a commission. If at the conclusion of a contract whereby one party undertakes to arrange for the other party the opportunity to conclude a contract with a third person, it is evident from the circumstances that remuneration will be required for the arrangement of such a contract, it is presumed that a brokerage contract has been concluded. (Section 2445 et seq.);
- by a contract of undisclosed mandate, a mandatary undertakes to arrange, in his own name, a particular matter for an undisclosed mandator on the undisclosed mandator’s account, and an undisclosed mandator undertakes to remunerate him. (Section 2455 et seq.);
- by a forwarding contract, a forwarder undertakes to arrange for a mandator, in the forwarder’s name and on the mandator’s account, the carriage of a consignment from a particular place to another particular place and, where applicable, also arrange or perform acts associated with the carriage, and a mandator undertakes to remunerate the forwarder. If it has been stipulated that a forwarder will arrange for a mandator the receipt of funds from a consignee or perform another act of collection before handing the consignment or a document allowing the disposal of the consignment over to the consignee, the provisions on documentary collection apply with the necessary modifications. (Section 2471 et seq.);
- by a commercial agency contract, a commercial agent, as an independent entrepreneur, undertakes to pursue long-term activities for the principal aimed at facilitating the conclusion of a certain type of business transaction by the principal or negotiating business transactions in the name of the principal and on his account, and a principal undertakes to pay the commercial agent a commission. A commercial agency contract must be in writing. (Section 2483 et seq.) Commercial agency contract is the contract which is further described under the questions bellow.