Thus, in many contexts, committees, clients and principals can generally be translated as “Prinzipal,” while comisionista, mandatario, agent and often hectic can be rendered as “agent.” If it is necessary to distinguish between the code of commerce and the counterparties of the Civil Code, a Comisién Contracto can be called a “commercial agency agreement” or “Commercial Code Agency Agreement”, while a mandate agreement could be called a “civil code agency agreement” or “agency agreement within the meaning of the Civil Code.” And of course, a comisionista, according to the terms of the comisién contract, can work “on commission” or not (trabajar a comisién). In practice, distribution agreements are often confused with agency contracts. Nevertheless, they are different and have different rules and characteristics. We think the agencies are actually relationships. On the contrary, there is a working relationship when the agent does not have the right to organize his own activities or set his own schedule. Differences and similarities between agency contracts and commission agreements. Commercial relations: under the distribution contract, the link is entirely commercial; the risk of reporting a working relationship is much lower than under the agency agreement, given the increased independence and autonomy of the trader. Non-competitive provisions (i.e., provisions limiting or limiting the activities that the agent may engage in after the conclusion of the agency agreement) have a maximum term of two years from the termination of the agency contract and must be agreed in writing, limited to the geographic area in which the agent acted and is linked to products or services subject to the Agency`s agreement. To determine whether there is a commercial agency agreement or whether there is a commercial representation agreement with a labour relationship protected by the status of workers, we therefore look at the degree of independence to which each agent acts with respect to the guidelines defined by the employer.
Free from competition: non-competitive provisions (i.e. provisions limiting or limiting the activities that the distributor may carry out after the conclusion of the distribution agreement) are valid as long as they are expressly agreed by the agreement and can be defended and maintained (in terms of territory, duration and consideration). The agency contract must always be paid/paid. The consideration may consist of a fixed amount, a commission or a combination of the two. The concept of a commercial agent (Article 2.1 (f), in the sense of the status of workers, which is a special employment relationship when a worker is involved in commercial transactions on behalf of one or more employers without assuming the risk and responsibility of these transactions, is crucial in deciding whether a contract is an agency agreement. The franchise agreement authorizes and obliges the franchisee: use the brand name and/or trademark or service for goods and/or services, technical and commercial know-how and methods that must be specific to the crossing`s activity, equipment and uniqueness, procedures and other intellectual property rights, supported by the continued provision of commercial and technical assistance within the framework and during the duration of the implementation agreement between the parties, anything that is independent of the control powers conferred on the crossing. Compensation: Although customer/goodwill compensation applies only to agency agreements, the Supreme Court has ruled in several cases that the merchant may be entitled to pay such compensation, provided that provisions similar to those provided in the Agency Agreements Act (see above) are respected by analogy.