CASE COMMENT : DISTRIBUTION - COMMERCIAL AGENCY - RIGHT TO TERMINATION INDEMNITY (YES) – SERIOUS FAULT OF THE AGENT (YES) – FAULT COMMITTED DURING THE PERIOD OF NOTICE

Fault commited during the period of notice: The Pau Court of Appeal recalls that the serious fault committed by the agent during the period of notice does not deprive him of his right to termination indemnity (Best Fires)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Serious misconduct committed by the commercial agent, because it deprives him of his right to compensation at the end of the contract (art. L. 134-13, 1° C. com.), feeds the litigation of the termination of the agency contract. Most often, the question arises as to the characterisation of serious misconduct within the meaning of Article L. 134-13 of the Commercial Code, defined by the Court of Cassation as that which undermines the common purpose of the mandate of common interest and makes it impossible to maintain the contractual link (Cass. com., 15 October

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Dominique Ferré, Fault commited during the period of notice: The Pau Court of Appeal recalls that the serious fault committed by the agent during the period of notice does not deprive him of his right to termination indemnity (Best Fires), 27 June 2013, Concurrences N° 4-2013, Art. N° 59233, p. 94

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