ALERTS: DISTRIBUTION – COMMERCIAL AGENCY – AGENCY AGREEMENTS

Commercial agency: The Bordeaux Court of Appeal decides that the proof of the commercial agency is free and that the transfer of the contract requires the agreement of the principal (Caves du Château / Vignobles D.)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. An original figure which has long been apprehended, in ordinary contract law, by case law alone, the assignment of a contract is now governed by articles 1216 to 1216-3 of the Civil Code, resulting from the Order of 10 February 2016, which makes it a solemn contract (Civil Code, art. 1216, para. 3). This operation consists in substituting a transferee contracting party for an assigning contracting party in its relationship with the transferee. Recourse to an assignment of a contract presupposes not only compliance with the conditions of its effectiveness but also the ability to demonstrate the existence of the contract which is the object of the

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Stéphane Brena, Commercial agency: The Bordeaux Court of Appeal decides that the proof of the commercial agency is free and that the transfer of the contract requires the agreement of the principal (Caves du Château / Vignobles D.), 17 October 2019, Concurrences N° 1-2020, Art. N° 92878, www.concurrences.com

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