This book provides a wide-ranging review of the European rules relating to distribution: exclusive purchase and exclusive supply, exclusive and selective distribution, motor vehicle distribution, franchises, commercial agents.

French Distribution Law

The commercial agent is a civil representative who acts for and on behalf of his principal. He is not a merchant . The activity of commercial agents is therefore of a civil nature and the commercial agency contract is a combined deed, civil for the agent and commercial for the principal . Due to the civil nature of agency agreements, a partial transfer of assets by the company in which the contrac …

Civil nature of the agency contract.

The commercial agent is a civil representative who acts for and on behalf of his principal. He is not a merchant . The activity of commercial agents is therefore of a civil nature and the commercial agency contract is a combined deed, civil for the agent and commercial for the principal . Due to the civil nature of agency agreements, a partial transfer of assets by the company in which the contract is vested cannot include the contract in the transfer .

As a non-merchant, the commercial agent is not registered with the Trade and Companies Register, cannot be a voter or be elected at the Chamber of Commerce or in the commercial courts. He is liable to the tax on non-commercial profits and must keep accounts on incoming payments, rather than debts in accordance with the rules that govern civil accounting. The procedure for the excessive debts of private individuals, governed by Articles L. 711-1 et seq. (formerly L. 331-1 seq.) of the Consumer Code, may be applied to the commercial agent .

Since the coming into force of the law reforming bankruptcy proceedings which provides that “the safeguarding procedure shall apply to any […] natural person who carries out a self-employed activity” , the civil nature of the contract no longer precludes the safeguarding, reorganization or judicial liquidation procedures from being initiated against the commercial agent, as a natural person.

Cass. com., 24 October 1995, LawLex200200005504JBJ.

Cass. com., 24 October 1995, LawLex200200005503JBJ; CA Paris, 17 September 1997, LawLex200200005044JBJ; Cass. com., 25 June 2002, LawLex200200004207JBJ.

CA Agen, 28 October 2013, LawLex201300001526JBJ.

TI Montfort-sur-Meu, 22 October 1990; Cass. 2e civ., 23 June 2016, LawLex201600001271JBJ.

Commercial Code, Article L. 620-2 which codifies Law No 2005-845 of 26 July 2005.

French Distribution Law

467. Civil nature of the agency contract.

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

467. Civil nature of the agency contract.

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise