TITLE III: Brokers, commission agents, carriers, commercial agents and independent door-to-door salespeople.

Contracts between commercial agents and their principals are concluded in the common interest of the parties. The relationship between the commercial agent and the principal is governed by an obligation of loyalty and a reciprocal duty of information. The commercial agent must execute his mandate as a good professional; the principal must put the commercial agent in a position to execute his mandate.

Any element of remuneration that varies with the number or value of business transactions constitutes a commission within the meaning of this chapter. Articles L. 134-6 to L. 134-9 apply when the agent is remunerated in whole or in part by the commission thus defined. If the contract is silent, the commercial agent is entitled to remuneration in accordance with customary practice, in the sector of activity covered by his…

For any commercial transaction concluded during the term of the agency contract, the commercial agent is entitled to the commission defined in article L. 134-5 when it was concluded thanks to his intervention or when the transaction was concluded with a third party whose clientele he had previously obtained for transactions of the same type. When he is responsible for a specific geographical sector or group of persons, the commercial…

For any commercial transaction concluded after termination of the agency contract, the commercial agent is entitled to commission, either where the transaction is mainly due to his activity during the agency contract and was concluded within a reasonable period of time after termination of the contract, or where, under the conditions provided for in Article L. 134-6, the third party’s order was received by the principal or by the commercial…

The commercial agent is not entitled to the commission provided for in Article L. 134-6 if it is due, pursuant to Article L. 134-7, to the previous commercial agent, unless circumstances make it equitable to share the commission between the commercial agents.

The commission is earned as soon as the principal has executed the transaction or should have executed it under the agreement with the third party or alternatively as soon as the third party has executed the transaction. The commission is earned at the latest when the third party has executed its share of the transaction or should have executed it if the principal had executed its own share. It is…

The right to commission can only be extinguished if it is established that the contract between the third party and the principal will not be performed and if the non-performance is not due to circumstances attributable to the principal. Commissions that the commercial agent has already received are reimbursed if the related right is extinguished.

A fixed-term contract which continues to be performed by both parties after its term is deemed to be converted into a contract of indefinite duration. Where the agency contract is of indefinite duration, either party may terminate it by giving notice. The provisions of this article shall apply to a fixed-term contract converted into an open-ended contract. In this case, the calculation of the period of notice shall take into…

In the event of termination of his relationship with the principal, the commercial agent is entitled to compensation for the loss suffered. The commercial agent loses the right to compensation if he has not notified the principal, within one year of the termination of the contract, that he intends to assert his rights. The rightful claimants of the commercial agent also benefit from the right to compensation when the termination…

The compensation provided for in Article L. 134-12 is not due in the following cases: