The agency agreement in Italy. Agency contracts according to Italian law.

Published by Liuzzi e Liuzzi International law firm in Italian Law · 21 May 2019
Tags: agency, agreement, in, Italy, contract, of, agency, in, Italy

LIUZZI e LIUZZI
International Law & Tax Firm
Italy- Spain

The agency agreement

according to the Italian Civil Code

Chapter I

The Italian Civil Code provides a definition of the concept of agency agreement in Italy (contract of agency) that is the contract where a party (the so called agent) receives a remuneration to act permanently on behalf of the other party to promote contracts in a certain zone.

The evidence of having concluded a contract of agency in Italy (in accordance with Italian law) must be provided through documents (ad probationem) and each party has the inalienable right to obtain from the other party a signed document reproducing the content of the contract and any additional clause.

The Italian Civil Code establishes the right of exclusivity. According to this right the entrepreneur defined by the Italian Civil Code as “preponente” cannot emply simultanously more than one agent in a same zone and for the same branch of activity and the agent cannot act on behalf of various competitors companies in the a same zone and for the same branch of activity.

The agent does not have powers to collect the entrepreneur's credits and even if the “preponente-entrepreneur” has accorded to the agent that power he cannot offer discounts or deferrals of payment if he does not have a special authorization to proceed.

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