Agency, distribution and franchising agreements
Distribution networks and contract types that can be used
Agency
The most common distribution contract is certainly the agency relationship, characterized by the promotion of autonomous, stable, and continuous contracts in a specific area or channel, applicable in any economic and commercial sector.
Financial agency
Widespread in the banking sector and subject to specific regulations contained not only in the Civil Code, but also in the Consolidated Banking Act and special legislation. The reform implemented in 2010 and the increased oversight by the Bank of Italy are significant, resulting in significant selection among financial agents and credit brokers.
Insurance agency
Similar to the agency contract, but with specific regulations provided for by the National Agreements for Insurance Agents, which define it in a distinct manner, with detailed provisions regarding severance pay and specific regulations. The provisions contained in the Civil Code are merely supplementary pursuant to art. 1753 of the Civil Code.
Business procurement
This is an atypical relationship with many similarities to the agency relationship but with decidedly different functions, being characterized by occasional nature and the absence of an obligation to carry out promotional activities.
Sales concession
This is an atypical contract characterized by the dealer’s purchase of products for resale in a specific area. The provisions on supply apply analogously.
Financial advisors
They are used in the banking sector and with specific regulations provided for by special laws. Application of the provisions of the Civil Code regarding agency contracts.
Selective distribution
In the context of sales concessions, selective distribution is a common type of contract for the distribution of luxury goods, fashion, and high-tech products that require qualified pre- and post-sales services. The influence of EU and national antitrust regulations is significant in this regard. Geoblocking regulations are also relevant.
Mediation
Mediation is a typical contract, governed by the Italian civil code and characterized by the impartiality of the mediator, who, however, can also be appointed by only one of the contracting parties (so-called unilateral mediation). Il contenzioso più significativo si registra nell’ambito del diritto al compenso e in alcune ipotesi di responsabilità connesse all’affare da concludere.
Franchising
The franchising agreement presupposes the creation of a true network for the distribution of goods and services nationally and internationally. Deriving from the American experience, it has been gaining ground since the early 1970s in Italy and more generally in Europe. Under Italian law, it was originally an atypical relationship, now governed by Law 129/2004, as well as by the general provisions applicable to the contract and its interpretation and execution.
Are you looking for an experienced and highly specialized firm?
Write to us to request an appointment or a consultation