שטוטאקוי, אתר מאמרים אישי

This is particularly the case where the supplier has terminated the distribution contract for a reason that can be invoked by the distributor, for example in cases. B breach of contractual obligations or poor performance on the part of the distributor. The e-correspondence prior to the conclusion of the contract indicated that the parties may have had a different understanding of the clause (and the intent underlying it). The clause was introduced because the trader wanted to distinguish between “failure due to failure and termination due to success”.” So he wrote; if a termination is due to the client`s wish to sell “his services” directly to customers in Norway, it would be reasonable for compensation to have been paid. The client agreed – and the clause was drawn up by the client and included in the agreement. This newsletter focuses on the characteristics and essential content of termination contracts that terminate agency and distribution contracts. While it establishes the common principles applicable to the two types, it also addresses differences if necessary. With respect to the shortfall, the Supreme Court did not apply by analogy the concept of customer compensation under the Agency Contracts Act and recognized only the distributor`s right to be compensated, calculated on the basis of the profits it would have received in the year it would have received as reasonable notice and deducted the terms corresponding to the two months actually granted. The parties are free to determine, as far as possible, the principles of termination, the date of termination and the content of the termination contract in accordance with the applicable legislation.

The content should be determined taking into account the details of the main contract and the intent of the parties. Depending on the intention of the parties, the termination date may be set as the date of signing the termination agreement or as a date or reason determined after the date of the signing and as a retroactive date. On 3 January 2018, the Swiss Supreme Court issued a new judgment on the termination of an exclusive distribution contract (4A_27/2018 judgment). The decision focuses on evidence of injury related to the early termination of a distribution contract. In addition, evidence of the annual net salary associated with a goodwill claim under Article 418 does not apply to Swiss bond law (“CO”) is examined. The new decision is of considerable interest, especially since the Swiss Supreme Court`s distribution decisions are quite rare. It is possible to regulate a non-competitive obligation after the termination of the contract.