CASE COMMENT : DISTRIBUTION – COMMERCIAL AGENT – BREACH OF CONTRACT – SERIOUS FAULT – ’PRINCIPAL’S INDULGENCE – PROOF OF THE FAULT

Commercial agent : The French Supreme Court holds on conditions of the breach of contract and specifies the sense of ’principal’s indulgence and the burden of proof of the serious fault (Free/Libentia ; Seretel)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, 10 May 2011, Free v Libentia, No. 10-17952 Cass. com, 24 May 2011, Seretel v. M. X..., No. 10-16969 Under the terms of Article L. 134 12 of the French Commercial Code, the right to compensation enjoyed by a commercial agent at the end of a contract arises from the sole fact of the termination of relations with his principal. However, compensation is excluded, in particular, when the termination of the contract is caused by the agent's serious misconduct (L. 134 13 of the Commercial Code). Furthermore, in this case, the provisions of Article L. 134 11 of the French Commercial Code setting the length of the notice period for termination of the

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Dominique Ferré, Commercial agent : The French Supreme Court holds on conditions of the breach of contract and specifies the sense of ’principal’s indulgence and the burden of proof of the serious fault (Free/Libentia ; Seretel), 10 May 2011, Concurrences N° 3-2011, Art. N° 37427, pp. 119-121

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