COMMERCIAL TRANSACTIONS

Gattoni Law Firm has a consolidated experience in international negotiations and agreements, with particular regard to commercial contracts such as agency, distribution, dealership, franchising, (invitation to tender) and sub-contracting.

This is a sector where legal advice is extremely important and can make a remarkable different outcome. In fact the definitions and solutions adopted by each Country on such contracts, can be so different that unknowingly you may sign an unfavorable and/or unwanted condition.

For example, all agency matter is now regulated, at the European Community level, by “Directive 86/653 / EEC” dated 18 December 1986, issued to standardize national laws regulating the relationships between commercial agents and Preponents. However, each Country has transposed the directive in an uneven manner. It becomes imperative therefore, to evaluate each transposed law in advance, to ponder which favorable consequences may derive for the principal and / or for the agent, before choosing what to state in the agency contract. In particular with reference to the agent’s severance pay, which is in fact a nodal point of any international agency relationships.

The same applies to foreign distributors when negotiating the agreements, in fact there are significant differences between the regulations in force in the various countries, with particular reference to the duration and early termination of the contract. It is of fundamental importance to choose in advance weather to apply the national and / or international legislation and to identify the competent Court.

 

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