Contract of agency in Italy (part 2): Principal and agent relationship according to Italian law

Published by Liuzzi e Liuzzi International law firm in Italian Law · 22 May 2019
Tags: agency, contracts, italyy, relationship, principal, agent, in, Italy

LIUZZI e LIUZZI

International Law & Tax Firm

Italy- Spain

The agency agreement

according to the Italian Civil Code

Chapter II

Analysis about some of the rights of the agent according to the Italian Civil Code (Codice Civile italiano)

Principal- agent relationship in Italy

In accordance with what is provided by the Italian Civil Code, for all of the contracts concluded during the period cover by the agency agreement, the agent has the right to receive a commission when the operation has been completed through the agent.

The commission (called in this case indirected commission) must be paid to the agent also if the entrepreneur concludes contracts with third parties who belong to the same business or to the zone or the category or group of clients that are “exclusive” of the agent except if the principal and the agent have arranged different conditions.

According to the Italian Supreme Court (Corte di Cassazione Civile) , sez. II ruling of 30/01/2017 Cass. civ., for what it concerns the rights of the agents in Italy to receive an indirect commission this right granted by the Italian Civil Code must be respected in any case, if the contract has been concluded inside the exclusive zone of the agent in case of direct or indirect intervention of the principal (the entrepreneur or “preponente” in Italian).

For the recognition of the right to receive a commission (related to any Italian agency agreement) by the agent in contracts of agency according to Italian law it is not important how the agreement has been achieved, how it has been negotiated or the place where it has been concluded. So even if a contract has been concluded outside of the exclusive zone of the agent with a distribution company who sells products to affiliated companies whodevelop their business/commercial activity in the exclusive zone of the agent this would mean a breach of the right of exclusivity accorded to the agent if to the celebration of this agreement has taken part the entrepreneur that is the so called in English “principle” or in Italia “Preponente”.

We invite you to read the first chapter in English of this special about the Contract of Agency in Italy and also the law articles written by the lawyers of Liuzzi e Liuzzi International law & tax Firm related to Italian law (available in various languages such as in Italian, in Spanish and in English)

Liuzzi e Liuzzi Studio Legale Internazionale

Bufete Internacional de Abogados y Economistas

International law & tax Firm

provides legal assistance to International companies in Italy to negotiate redact and conclude contracts of agency in Italy, distribution agreements according to Italian law and judicial assistance before any Italian Court in case of litigation related to agency and distribution agreements.

To know what our legal fees are for an appointment with our English speaking lawyers contact us.

Copyright Studio legale internazionale Liuzzi e Liuzzi- www.studioliuzzieliuzzi.com- Avv. Viviana Fiorella Liuzzi

Any reproduction of text, pictures, design on our website in all of its versions and languages is not permitted.

The information on the website and the blog is only information and must not be considered legal advice, consulting or assisstance nor any relationship between client and professional.

*************************************************************************