Some notes on the commercial concession contract
Date
2022
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Adjuris, International Academic Publisher
Language
English
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Abstract
The concession contract, to which the majority of legal scholars recognize the
legal nature of a framework contract, is a commercial contract, which establishes a complex and long lasting contractual relationship, under which the grantor undertakes to sell
to the concessionaire, and the latter to buy from him, for resale, a certain quantity of
goods, assuming the risk of marketing the goods. The integration of the dealer, who acts
on its own behalf and in its own name, in the grantor's network, is ensured by the compliance with certain obligations, relating to commercial policy and promotional and after
sales services, under the control and supervision of the grantor. The concession contract
started out as a sales contract concluded between the producer and the trader, who acted
in his own name and for his own account, characterised by the existence of an exclusivity
clause in favour of the latter, provided that he undertook to purchase a certain quantity
of products. This negotiating scheme has, however, undergone alterations as a result of
the greater integration of the distributor in the network of the licensor, resulting from the
complex web of rights and duties around the parties, with emphasis on the transformation
of the exclusivity clause, hitherto considered a social type element, into one of several
possible clauses of the contract. Considering that we are dealing with a legally atypical,
but socially typical contract, it is necessary to point out the most relevant clauses of the
contract, which are essential to sustain that this contract belongs to distribution contracts, an autonomous category. The supply chain crisis currently experienced worldwide
following the Pandemic COVD 19 and the role that this contract can play in the commercial distribution, by allowing the manufacturer to achieve greater efficiency in the distribution of its products, justifies the analysis of the main features of this contract.
Keywords
Concession, Distribution, Contracts, Commercial law
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conferenceObject
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Citation
Carvalho, S. (2022). Some notes on the commercial concession contract. In S. Carvalho, & A. Petricevic (Eds.), Building an adapted business law: International conference "Perspectives of business law in the third millenium" (pp. 195-212). Adjuris, International Academic Publisher. Repositório Institucional UPT, http://hdl.handle.net/11328/4022
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