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Agency Agreements Italy

The agency contract was initially drawn from the power of attorney discipline. Although the commercial agent contract is similar, it has its own characteristics: under Article 409 and the Code of Civil Procedure, if the agent fulfills his contractual obligations mainly as a nature, even if he is independent (“parsubordinato”, i.e. “semi-subordinated agent”) – provided that the commercial agent contract is governed by Italian law and the Italian courts have jurisdiction – all disputes arising from the agent contract The Labour Court was submitted in the district where the representative is located. judicial proceedings shall be conducted in accordance with procedural rules similar to those applicable to labour law disputes. 2. This Agreement governs civil, commercial and contractual matters, including, by way of interpretation, commercial agent contracts. The parties may, subject to compensation, draw up a written competition agreement for a maximum period of two years, in which the representative undertakes not to operate within the same scope of the commercial agent contract. Chamber of Commerce: In principle, an agent established abroad is not required to register in Italy. However, the case could be more complex if the agent has a registered office and operates mainly in Italy. Those circumstances may also affect the determination of the law applicable to the agency contract. Italian law does not require any formality for the termination of an agency contract. Instead, national collective agreements require written termination and, of course, written termination is recommended to prove that an appropriate termination has occurred and that the corresponding date of such termination is available.

Under Italian law, exclusivity in agency contracts is a natural element. Unless the parties expressly provide otherwise, a contracting authority may no longer appoint representatives in the same sector and in the same market segment, and a representative may not encourage the operations of competing contracting entities in the same territory and in the same sector. What are the main rules applicable to agency contracts in Italy? At the end of the brokerage contract, the agent is entitled, in addition to the notice periods, if not for an immeasurable reason, to compensation for the termination of the contract, as in art. 1751 of the Italian Civil Code or in collective bargaining by three indemnities: FIRR, additional compensation for customers and meritocratic compensation, the sum of which 3 indemnities must not exceed the limit provided for in Article 1751( 3) of the Italian Civil Code. The essential condition of the mediation contract is its stability, i.e. it is systematically and permanently supported by the agent to promote the interests of the contracting authority in the area indicated. The remuneration for this activity (commission) is usually a percentage of the value of each transaction/contract concluded. The rights of compensation which article 1751 gives to an agent in the event of termination of a commercial agent contract may not be modified to the detriment of the interests of the agent; Therefore, those rights are not covered by Article 4(2). Even if the parties have chosen a foreign court, disputes between the agent and the client are therefore subject to Italian jurisdiction. The provisions of the Code relating to the right of an agent to be compensated after termination of the contract are considered binding; Therefore, the above rules apply regardless of the choice of the parties.

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