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

Where he stands del credere ("ducroire"), the commercial agent undertakes with respect to his principal to guarantee the proper execution of acts concluded on its behalf. He is answerable for the payment of goods or services that he has supplied or provided without consideration.
Where the contract is silent on such matters, the del credere agreement covers all the acts concluded for the principal …

Del credere agreement.

Where he stands del credere ("ducroire"), the commercial agent undertakes with respect to his principal to guarantee the proper execution of acts concluded on its behalf. He is answerable for the payment of goods or services that he has supplied or provided without consideration.

Where the contract is silent on such matters, the del credere agreement covers all the acts concluded for the principal although its scope may be restricted by the parties. The del credere agreement may only cover certain transactions or be enforceable against the commercial agent only up to a pre-defined amount. Thus it is often limited to the commission that he would have received on completed transactions. The commercial agent may thus be required to return the sums from orders subsequently cancelled  or to guarantee the payment of orders placed by customers who are known as being insolvent .

The del credere clause guarantees that payment will occur on due date but does not guarantee the solvency of customers. The mere finding of outstanding payments is sufficient to make it applicable, whether the customer is solvent or not . Where the contract contains a del credere agreement and a clause relating to insolvent customers, these clauses must be strictly interpreted. The clause relating to the solvency of canvassed customers corresponds to a duty of care and non-compliance may be penalized only by an award of damages. On the other hand the del credere clause creates an obligation of guarantee which requires the commercial agent to answer for all defaults of payment.

Cass. com., 31 March 1992, LawLex200200005906JBJ.

CA Toulouse, 12 September 1994, LawLex200200005407JBJ.

Cass. com., 22 October 1996, LawLex200200005607JBJ, quashing CA Toulouse, 12 September 1994, LawLex200200005407JBJ. 

French Distribution Law

475. Del credere agreement.

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

475. Del credere agreement.

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise