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Legal advice on contract of agency in Italy.
The obligations of the Agent under the Italian Law.
According to Italian Civil Code, the agent must protect the principal's interests and he shall act dutifully and in good faith. In particular, he shall fulfill the job in accordance with the principal's instructions and give to the principal all information about market conditions in his area and any other useful information to assess the convenience of the individual business. Any contrary agreement is void.
The autonomy of the agent refers to the choice of the customers and the organization of his activities, but this autonomy meets its limit in the obligation of the agent to observe, in addition to the standards of fairness and professional loyalty, all instructions received by the principal. This is the main obligation of the agent, because it expressly imposed by law.
In the performance of the agency contract, the agent must act in good faith and with due care required by the nature of the business. He can not limit the performance in order to the proportionality of the commission to the business promoted, because his activity must be quantitatively and qualitatively normal and he needs to standardize his behavior to the mentioned obligations. Otherwise, his behavior may be invoked by the principal as a cause for termination of contract.
The agent who is unable to perform the task entrusted to him must give immediate notice to the principal. Otherwise he will be obliged to pay damages.
If you need more information or assistance on agency contract in Italy, contact Lawyers in Rome
Please, see also:
Agency contract in Italy: the rights of the Agent
Exclusivity clause in agency and distribution contracts in Italy
Distribution contract in Italy
Law of contract in Italy: the written form
Termination of the contract for non-performance and the notice to comply
Termination clause and essential term in Italy
Special court for foreign companies in Italy
Italian lawyers for United States companies in Italy
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