Agency
The most common distribution contract is certainly the agency relationship, characterized by the promotion of autonomous, stable, and continuous contracts in a specific area or channel, applicable in any economic and commercial sector.
Financial agency
Widely used in the banking sector and subject to specific regulations contained not only in the civil code but also in the Consolidated Banking Act and in special legislation. Of particular note is the reform implemented in 2010 and the increased control by the Bank of Italy, resulting in significant selection among financial agents and credit brokers.
Insurance agency
Similar to the agency contract, but with specific regulations set forth in the National Agreements for Insurance Agents, which define it in a decisive manner, with detailed provisions regarding severance pay and specific regulations. The provisions contained in the Civil Code are merely supplementary in nature pursuant to art. 1753 of the Civil Code.
Business procurement
This is an atypical relationship with many similarities to the agency relationship but with decidedly different functions, being characterized by occasional nature and the absence of an obligation to carry out promotional activities.
Sales Concession
It is an atypical contract characterized by the purchase of products by the dealer for resale in a specific area. Analogous application of the rules on administration.
Financial advisors
They are used in the banking sector and with specific regulations provided for by special laws. Application of the provisions of the Civil Code regarding agency contracts.
Selective distribution
In the context of sales concessions, selective distribution represents a widespread contractual typology for the distribution of luxury goods, in the fashion sector and in high-tech products that require qualified pre- and post-sales activities. The influence of EU and national antitrust legislation is significant in this regard. Also of note is the geoblocking regulation.
Mediation
Mediation is a typical contract, governed by the Italian civil code and characterized by the impartiality of the mediator, who, however, can also be appointed by only one of the contracting parties (so-called unilateral mediation). The most significant disputes concern the right to compensation and certain liability issues related to the deal to be concluded.
Franchising
The franchising agreement presupposes the creation of a real network for the distribution of goods and services nationally and internationally. Deriving from the American experience, it has been establishing itself since the early 1970s in Italy and more generally in Europe. In Italian law, it was originally an atypical relationship, now governed by Law 129/2004, in addition to the general provisions applicable to contracts and their interpretation and execution.
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