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 management of a business may be entrusted by its owner to a third party in various ways. Depending on whether he wishes to retain control over it, he will choose a more or less restrictive form of management. In its most independent form, the management of a business may be granted to a lessee. The latter rents the business and in return ensures the operation at his own risks.
The business may …

Introduction.

The management of a business may be entrusted by its owner to a third party in various ways. Depending on whether he wishes to retain control over it, he will choose a more or less restrictive form of management. In its most independent form, the management of a business may be granted to a lessee. The latter rents the business and in return ensures the operation at his own risks.

The business may also be managed by an independent worker who carries out the activity under various types of contract such as a contract for services (contrat d'entreprise) or a mandate. In all events, he is in a situation of subordination with respect to the owner of the business and is distinct from a lessee, who is an independent trader. Thus, the managing agent runs the business on behalf of his principal who retains ownership and bears the risks related to its exploitation and sets the tasks of the agent who, in this context, may manage his staff or appoint a substitute manager.

The salaried manager or branch manager is in a relationship of legal and economic subordination. He exercises his work as part of an exclusive or quasi-exclusive relationship with only one undertaking from premises owned or leased by that undertaking under its conditions and prices, and is subject to the rules of the Labor Code regarding, in particular, working hours and remuneration.

Lastly, the non-salaried manager of branches of retail food businesses or consumer cooperatives is halfway between the salaried management system and the mandate. In effect, the non-salaried manager must be a self-employed person, as this is its condition of application, and operates a branch or a cooperative in return for discounts proportional to sales, and benefits from all benefits granted to employees under employment law. In all events, the situation of dependence of the manager justifies a specific status which may go as far as considering the manager as an employee in his individual relationship with the owner of the business.

French Distribution Law

532. Introduction.

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Sous parties

Les notions juridiques connexes

532. Introduction.

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Sous parties

Les notions juridiques connexes

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