Agency agreement: From innominate contract to the reference model of commercial distribution agreements

Abstract:

The purpose of this article is to demonstrate that some Italian rules in relation to the commercial agent can also be applied to the distributor. The few Italian judgements rendered on this matter state that rules governing the commercial agent are not applicable to the distribution contract: this innominate contract could be governed through applying by analogy the regulation of supply contract. This Italian Courts point of view could be revised.

This analysis is based on an historical approach and on the examination of case law in the German, English and Italian legal systems. The historical analysis demonstrates that the Italian legislator has regulated the commercial agent contract as a framework model for all distribution contracts. An analysis of the case law demonstrates that in some legal systems the commercial agents regulation can sometimes be applied to the distribution contract.