O contrato de representação comercial e seus principais pontos controvertidos

• Autor(a) principal: Lopes, Alexandre Eduardo Bedo
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/27343
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL; Contrato de representação comercial; Questões controvertidas; Indenização; Base de cálculo das comissões; Foro competente; Agency agreement; Controversial issues; Indemnification; Basis for calculating commissions; Jurisdiction

The agency agreement is one of the main trade propulsion engines in the world, being an element of great relevance of the productive-distributive chain since its creation. Considering the importance of this instrument for the opening up and expansion of markets, it is essential to study and analyze the agency agreement, especially the various controversial issues regarding it, such as issues related to indemnification of 1/12 (one-twelfth) that must be paid upon the termination of the contract, the meaning of "total value of the goods" as the basis for calculating commissions, the jurisdiction of the Labor Court for trial disputes arising from that relationship and the possibility of adopting a forum selection clause in that contract. After examining the general characteristics of this contractual type, as well as the controversial issues, it was concluded that, because of the relative limitation of the free will of the parties, due to the social quality of Law No. 4886/65, which regulates the agency agreement, the national doctrine and jurisprudence tend to consider invalid pacts that are very distant from the imperative and public order provisions of the regency legislation, considering as null and void, for example, contractual provisions waiving the right to indemnification of 1/12 (one-twelfth) or to change the basis for calculating commissions with the exclusion of taxes from the concept of "total value of the goods". It was also concluded by the need for legislative changes in Law No. 4886/65 to avoid contradictory decisions on crucial points of the contract, as well as by the urgency of standardizing the understanding of other capital points of the Law, such as about the jurisdiction of the Labor Court for trial disputes arising from this contract. This work was developed through bibliographical and jurisprudential research, using the analytical-synthetic method