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The termination of an agency contract can be and usually is, the principal source of compensation may have to pay Agent earnings.
These compensation can be divided into two broad categories, and Compensation risarcimentodanni score.
Damages is due by the Principal Agent misurain in which the termination is in breach of contractual provisions or mandatory normelegali the agency's contract.
So the damages can be summed up in the classic figures of dannoemergente and profits, will be paid by the Principal Agent if, for example, termination of contract is communicated in contravention of preavvisolegalmente expected, or if there is such a breach of contract (clause violazionereiterata exclusive inadempimentocontratti supply, etc. ..) for which the agent has terminated the contract because allegandogiusta.
In these cases, the agent may require the Principal damages, which, in the classic case of non-compliance of the notice period, will be calculated in two different ways, categorized according the choice of Agent:
a - actual calculation of actual damages and profits, failure to give notice peril.
b- deldanno standard calculation based on the average remunerazionemensile remuneration calculated on the previous year, multiplied by Imes in lieu of notice.
Compensation score corresponds to a ilPreponente remuneration to be paid to the Agent for the task of creating and fomentazionedel market activity during the agency contract and remains comeplusvalenza dell'aziendapreponente.
The doctrine in general opines the use of the term "compensation" to the extent that, in reality, it is not compensation, comerisarcimento understood, but the payment of a positive externality (gains) that Agenteha created in the sphere of Principal Capital and that the puòsfruttare after the termination of the agency.
However, this fee is payable by the Principal Agent nellamisura only where:
to ) Agent nuoviclienti actually procured, or has substantially increased the volume of business with clientipreesistenti;
b) The Preponentevenga to benefit considerably activity of procacciagione svoltadall'agente;
c) Agent nonriceva, after the termination of the contract, other remuneration for laconclusione deal with customers procured by him.
In the event of termination of the contract by the agency indennizzodella customer is always due, unless the exception in case ilcontratto is terminated for reasons attributable to the agent.
We refer therefore to the classical resolution contrattualeeffettuata the main cause, however, in order to abuse evitarepossibili pretext of the principal, the law requires that the statement on the agency's risoluzionesia written and sent within one month after which has been done conoscenzadel resolution, which must be reasonably explained egiustificato in the notice of termination.
The amount of compensation is accordatoliberamente score by the parties, if there is agreement that the same sarĂ determinato equitably by the court, in court, which will comelimite the maximum annual remuneration of the Agent on the average degliultimi 5 years, minus all of the mitigating case.
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