The agency agreement is a contractual modality used increasingly more often from employers, since it involves delegating the company’s sales in a third independent professional, who is going to act with a great deal of autonomy when performing their duties. However, and although the aforementioned contract is used practically worldwide, legislation to apply in different countries may not be the same, even within the European Union itself. In this article we will see the differences that presents such a contract in Spain and France. In Spain, agency contracts are regulated by law 12/1992 dated May 27, on the contract of Agency. In France, the agency contract is regulated in the l. 134-12 of the French commercial code.
It must also make mention of Directive 86/653/EEC of 18 December 1986, which aims to harmonize national regulations governing trade relations between commercial agents and their employers. The powers of the agent in both countries the agent can develop their activity on behalf of several businessmen, on condition that the goods or services are not of equal or similar nature and concurrent or competitive. French law speaks simply of competing companies. In both countries is required the prior consent of the employer. Loyalty in article 4 of the French law referred to the obligation of loyalty of the agent, who shall comply with the contract as a good professional, exist also a reciprocal duty to inform. Spanish law develops these principles more extensively in its articles 9 and 10 that comprise the section entitled obligations of the parties. One of these obligations has been described in the following section, which talks about compensation agent. The commissions fixed remuneration is supported in both countries, although there are usually carried out in practice.