Återförsäljares skydd vid avtals upphörande - En undersökning av återförsäljares rätt till skälig uppsägningstid och avgångsvederlag enligt svensk rätt

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: In order to obtain as high sales on their products as possible, companies may be interested in trying to establish and sell their products in new markets. In cases where the company lacks financial muscles to manage the establishment itself or lack knowledge of the market, an intermediary can be hired to manage the establishment. Usually, the intermediary is a commercial agent or a distributor who has greater knowledge of the market in question than the company. In their function as intermediaries there is no great difference between a commercial agent and a distributor. There is, however, an important legal difference, namely that the commercial agent acts on behalf of the principle, whilst the distributor, on the other hand, acts on its own behalf. If the company terminates the contractual relationship with the commercial agent or the distributor, the question about a notice period and indemnity for goodwill is raised. Commercial agents are guaranteed protection, by law, in the form of a notice period and indemnity for goodwill. However, in regard to the distributor, there is no law, which ensures a notice period or indemnity for goodwill. It is therefore hard to determine what applies to the distributors' right to notice and indemnity for goodwill. The purpose of this thesis is to examine the distributors' right to notice and indemnity for goodwill. Within the framework of the essay, two questions are asked. The first question is; under what conditions and to what extent are the provisions of the Swedish Commercial Agents Act analogously applicable to distributors. The second question of this thesis is what are the arguments for entitling a distributor a notice of termination and indemnity for goodwill at termination of the agreement. The conclusions presented in this thesis are that the Swedish Supreme Court is reluctant to apply the provisions of the Commercial Agents Act analogously to distributors but that distributors are nevertheless entitled to a notice period. The thesis concludes by presenting two options for how distributors and legislators can relate to the uncertain legal position.

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