Article L 134-13 of the Commercial code set out the sole exceptions to the principle of the right to compensation for termination of contract of the commercial agent.
Pursuant to article L 134-13 of the Commercial code, the compensation stipulated in article L. 134-12 is not due in the following cases:
1° Termination of the contract is caused by the serious misconduct of the commercial agent;
2° Termination of the contract is the result of the initiative of the agent unless this termination is justified by circumstances attributable to the principal or due to the age, disability or illness of the commercial agent, following which the continuation of his/her activity can no longer be reasonably required;
3° According to an agreement with the principal, the commercial agent transfers to a third party the rights and obligations that s/he holds with respect to the agency agreement.
In order to find all the necessary explanations on the scope of this Act, please read our last article about the commercial agent’s end-of-contract indemnity.
FOUSSAT AVOCATS: our expertise at your service
Specialised in commercial agent law and managing over a long time the issues linked to the breach of commercial agent contract, FOUSSAT AVOCATS advices and assists its clients throughout the life of their commercial agent contracts, including in the event of international contracts, as well as concerning their conclusion, execution and cessation.
We are therefore at your disposal for any additional information that you may wish.
Also read on the subject:
- The breach of the commercial agent contract
- Compensation for Termination of the Commercial Agent Contract
- Calculation of compensation for breach of the commercial agent contract
- The Commercial Agent cannot renounce his/her end-of-contract indemnity in advance
- Period of claiming of compensation for breach of the commercial agent contract
- The clause of post-contractual non-competition stipulated in a commercial agent contract must be proportionate