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LAW OF OBLIGATIONS
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also authorized to act within the specific marketing field and customer
environment together with the marketer, the marketer will be entitled to a
commission solely for his intermediary act or transactions made by him.
Article 456 states that if the marketing activities become impossible
through no fault of the marketer’s and if he is entitled to a commission or
fee pursuant to the agreement or the code, then the fee will be determined
according to the stable fee and the payment of proper compensation due
to loss of commission. If the commission is less than 1/5 of the fee, then
it may be decided in writing that the compensation will not be paid due
to loss of commission. If the marketer has received his entire fee despite
the fact that he could not conduct the business without his fault then,
upon the request of the employer, the marketer is obliged to fulfill all
work which he is able and which may be expected from him within the
workplace of the employer.
In article 457 it is accepted that, unless otherwise decided in writing,
each employer will be held equally liable for the expenses of the marketer
who is working on behalf of more than one employer at the same time.
Agreements in which the expenses are in whole or partially included in
the stable fee or commission will be void.
The marketer is entitled to a right of lien pursuant to article 458 of
the TCO against the movables, negotiable instruments, and money which
he has received from customers due to his collection authority in order to
guarantee the credits which are not due in case the employer has payment
difficulties and also to guarantee the due credits from marketing relations.
However, it is stipulated that the marketer cannot withhold vehicle and
carriage documents, price tariffs, registrations of customers and other
documents.
The special termination period for the marketing agreement is
stipulated in article 459. This article states that if the commission is a
minimum 1/5 of the stable fee and is affected by important seasonal
fluctuations, then the employer may terminate the agreement of the
marketer who continued to work with him since the end of the prior
seasonal period by respecting a two-month grace period within the
new season. The marketer may also terminate the agreement under the
same conditions by respecting the two-month grace period until the