The distribution contracts

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Publication Details

Subtitle: an Iberian approach
Author list: Mota de Carvalho, S.
Publisher: Bucharest University of Economic Studies
Publication year: 2016
Journal: Juridical Tribune (2247-7195)
Volume number: 6
Issue number: 2
Start page: 40
End page: 75
Number of pages: 36
ISSN: 2247-7195
eISSN: 2248-0382
Languages: English-Great Britain (EN-GB)


The contracts of commercial distribution are indispensable legal
instruments to the development of the economic activity. The
distribution, since the industrial revolution, acquired autonomy, given
the necessity of specialized intermediation to distribute good and
products. In this process, the structural organization of the
distribution process suffered mutations, starting to assume a set of
activities aiming at adjusting demand to supply, including, among
others, clients canvassing, after-sales services, financing and
assumption of risks, advisory services, promotion and advertising. The
insufficiency of traditional contracts of purchase and sales and
commission to satisfy the distributive needs caused by the industrial
revolution will justify the development of new contractual schemes, such
us agency contract, commercial concession and franchising. The
obligation of the distributer to ensure the interests of the producer
and to promote the distribution of the goods and services of the
producer, in the context of a lasting relation of cooperation between
the parts, through which the distributer is incorporated, with greater
or minor intensity, in the producer distribution network, allowed us to
sustain, as affirmed in the Portuguese and European literature, that
distribution contracts could be framed in the same legal category. These
contracts, as contracts that were shaped by praxis, do not have, with
exception of agency contract, a legal framework in Portugal and Spain.
It has been discussed in literature if agency contract legal framework
can be applied, by analogy, to the contracts that fit in the legal
category of distribution contracts. This paper aims at analyzing the
legal framework of contracts of distribution in these legal systems,
with the purpose to discuss the analogical application of the agency
contract to these contracts.




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Last updated on 2019-10-08 at 00:15