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:
The contract may contain a non-competition clause after termination of the contract. This clause must be drawn up in writing and relate to the geographical area and, where applicable, the group of persons entrusted to the commercial agent as well as the type of goods or services for which he or she acts as a representative under the terms of the contract. The non-competition clause is only valid for a…
Where the activity of commercial agent is exercised in performance of a written contract entered into between the parties on a principal basis for another purpose, the parties may agree in writing that the provisions of this chapter shall not apply to the part corresponding to the commercial agency activity. Such waiver shall be null and void if the performance of the contract shows that the commercial agency activity is…
Any clause or agreement contrary to the provisions of articles L. 134-2 and L. 134-4, the third and fourth paragraphs of Article L. 134-11, and of article L. 134-15 or derogating, to the detriment of the commercial agent, from the provisions of the second paragraph of article L. 134-9, the first paragraph of article L. 134-10, the articles L. 134-12 and L. 134-13 and the third paragraph of Article L….
A decree in the Conseil d’Etat shall lay down the conditions for the application of this chapter.
An independent door-to-door salesperson is someone who sells products or services under the conditions set out in Section 3 of Chapter I of Title II of Book I of the Consumer Code, excluding canvassing by telephone or any similar technical means, under a written agent, commission agent, reseller or broker agreement with the company that entrusts him with the sale of its products or services.
The contract may provide for the seller to provide services aimed at developing and running the network of independent home sellers, if these are likely to promote the sale of the company’s products or services, carried out under the conditions mentioned in Article L. 135-1. The contract specifies the nature of these services, defines the conditions under which they are provided and the terms of payment. In order to provide…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
