*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. In September 2008, in the same publication, we wrote an article on the law on the modernization of the economy entitled: "New stone in the unfinished edifice of trade negotiations" marking the fact that the corpus of rules on this subject was in constant evolution, sometimes leaving a taste of unfinished business. After a year of application of this new trade negotiation mechanism and at the dawn of the second season of negotiations, the purpose of this article is to take a look at this edifice, some of whose foundations are well established (I.), whose potential is not always well exploited (II.), some of whose defects remain (III.), and finally
LEGAL PRACTICE: MODERNISATION OF ECONOMY LAW - LME - COMMERCIAL NEGOTIATIONS - DIFFICULTIES - GENERAL TERMS CONDITION - SALES - PAYMENT TERMS - FREE NEGOTIABILITY - DISTRIBUTORS’ BRAND PRODUCTS (MDD)
One year after the LME Act: Key issues on the go
One year after the Modernisation of Economy Law (the so-called LME) entered into force, some aspects of the law still have to be perfected. At the beginning of the second round of commercial negotiations under the scope of the LME, this article aims at highlighting the main principles of the law and at stressing the points that still generate difficulties in practice. Among the principles, this article emphasizes the general terms and condition of sales and the payment terms. Among the points that still generate difficulties in practice, this article examines the scope of the principle of free negotiability, the significant imbalance, the products with distributors’ brand (MDD), the purchasing and listing organisations and the services contracts.
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