Editions Juridiques Multilingues


Commission Agency - online version in english


In English - Online Version

Content of each agreement : Overview - Comments, clauses and variations - Checklist - Incidental documents - Texts - Bibliography

By Didier FERRIER, Professeur à la Faculté de droit et Science politique de Montpellier (France)

A representative may be required to intervene as Agent for and on behalf of a Supplier. The contract then usually takes the form of a Commercial Agency Agreement. The Supplier has total control over sales and establishes, by means of the Agent, direct relations with resellers or the end client, which becomes its client. The Agent benefits from protective provisos during the course of the contract execution and on termination.

A representative may be required to intervene as a Commission Agent. It shall then act in its own name but on behalf of the Supplier-Principal. The relations between the Principal and the Commission Agent are usually unknown by the end clients. The Commission Agent is deemed to be a trader selling the Principal’s products. The Principal controls the sales terms, but does not establish any relations with the end client who remains the Commission Agent’s client.

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