DISTRIBUTION: COMMERCIAL AGENCY – SUBORDINATION RELATIONSHIP – TRAVELLING SALESMAN

Commercial agents: The Bourges Court of Appeals refuses to requalify a commercial agent as a travelling salesman due to the lack of subordination relationship with the principal and reminds that the power to contract is not mandatory for the application of commercial agent status (M. S. / Immobilier des Ducs)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CA Bourges, March 14, 2014, RG n° 13/01121, M. S. c/ Immobilier des Ducs The question of the alternative application to the same natural person of the status of commercial agent and sales representative is less debated than that of their cumulative application. However, it is not easy to make a distinction between these two statuses of public order and protection of the recipient of the principal's instructions, in order to apply one to the exclusion of the other. This is evidenced by a decision of the Bourges Court of Appeal of March 14, 2014. Upon termination of his "contract as an independent real estate negotiator subject to the status of commercial

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Dominique Ferré, Commercial agents: The Bourges Court of Appeals refuses to requalify a commercial agent as a travelling salesman due to the lack of subordination relationship with the principal and reminds that the power to contract is not mandatory for the application of commercial agent status (M. S. / Immobilier des Ducs), 14 March 2014, Concurrences N° 3-2014, Art. N° 68304, pp. 103-104

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