Commercial agency: The French Court of Appeal of Bourges considers that the principal cannot claim, after the notification of the termination of the contract, a serious fault, even if committed before, to escape the payment of the termination indemnity (Maisto Firtion Marie-Amelierg)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. A commercial agent was ordered to stop coming to the agency, as the principal considered him responsible for the bad atmosphere within the real estate agency. The principal then notified the agent of the immediate termination of the contract, without notice or termination indemnity as provided for in article L. 134-12 of the C. com., reproaching him in his letter "for the second time in barely two months, for having seriously failed in his obligations by putting up for sale on the agency's advertisement sites real estate for which he had not received a sales mandate, in violation of the legal provisions". Subsequent to this letter, the principal invoked

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  • University of Montpellier

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Nicolas Ferrier, Commercial agency: The French Court of Appeal of Bourges considers that the principal cannot claim, after the notification of the termination of the contract, a serious fault, even if committed before, to escape the payment of the termination indemnity (Maisto Firtion Marie-Amelierg), 27 January 2022, Concurrences N° 2-2022, Art. N° 106204, pp. 115-117

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