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Distribution Agreement In Spanish

Among the critical concepts of the following definition, as used by the Spanish courts to identify an agency contract and distinguish other legal situations (e.g. employment.B, distribution or franchising), we can mention the following: Nevertheless, the distributor is considered eligible for compensation if a prior notification previously provided for in the contract does not take place and if the termination by the supplier is abusive or arbitrary. Patronage: the infringement of competition (i.e. the provisions limiting or limiting the activities that may be carried out by the agent after the termination of the agency contract) has a maximum duration of two years from the termination of the agency contract and must be agreed in writing, limited to the geographical area in which the agent acted and concerns goods or services covered by the agency contract. Given the limited scope of this article, it is not possible to carry out a complete analysis of the different laws applicable to the distribution agreement. Nevertheless, it is useful to take into account the aspects of the Agency`s law applied by the Spanish courts. The most important thing is that the Spanish courts have recognized that when the trader resides in Spain, the Spanish courts have jurisdiction and that agreements to the contrary are generally not accepted. This recognition of Spanish jurisdiction inevitably leads to the application of Spanish law and if the courts find similarities between an agency within the meaning of the Agencies Act and a distribution agreement, they will probably rely heavily on the Agencies Act. It should be noted that most contracts concluded between foreign companies and Spanish distributors are oral agreements and are therefore considered valid indefinitely. In such cases, the courts recognize that either party may terminate the contract without necessarily prejudice to the distributor.

The distribution contract has no specific legislation and is subject to a doctrine that derives from the law of the Spanish courts. Non-competition: throughout the duration of the agreement, (reciprocal) non-compete obligations are common and permitted; At the end of the contract, the Spanish court generally recognizes the validity of the one-year non-competition clause, but is limited to the place where the franchise operated. the representative who acts as an independent mediator of agreements or obligations on behalf of and on behalf of that third party. . . .