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Period of claiming of compensation for breach of the commercial agent contract

Period of claiming of compensation for breach of the commercial agent contract

Since the law of 25 June 1991 (articles L 134-1 et seq. of the Commercial Code), the compensation for termination of the commercial agent contract must imperatively be claimed within the period of one year from the end of the contract.

Once this period is over, the commercial agent loses his/her right to be compensated. In effect, article L 134-12 of the Commercial Code stipulates the loss of this right if the commercial agent “has not notified his/her principal within a period of one year from termination of his/her contract that s/he intends to assert his/her rights.”

Of course, as the devil is in the details, it will be advisable not to be mistaken about the date on which the contract ended, particularly:

– in the absence of a notice period,

– if the commercial agent does not correctly complete his/her notice period!

Thus, this date will not always be obvious and an error on this subject may have serious consequences for the commercial agent who has not been vigilant

 

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.

 

FOUSSAT AVOCATS, Paris Marseilles Brussels