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substantial benefits from the business with new customers that the

agent has brought to the principal. Moreover, the agent should be

deprived from the commission regarding transactions with the new

customers. In addition, payment of goodwill indemnity should be equi-

table. In this case, the agent may claim an indemnity not to exceed an

amount that is equivalent to an indemnity calculated from the agent’s

average annual remuneration, or other remunerations paid in the pre-

ceding five years. This claim must be pursued within one year follow-

ing the termination of the agency contract. The parties may not dero-

gate from the goodwill indemnity prior to the expiry of the agency con-

tract. Unless it is equitable, provisions for the agent’s right to goodwill

indemnity shall apply for the termination of continuous contracts

granting monopoly rights, such as exclusive distribution contracts.

COMMERCIAL LAW

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