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Ignacio Alonso ADVOCATIA ABOGADOS MADRID

Goodwill indemnity in distributorship contracts: recent trends Spanish recent case law and possible new statutory rules. Ignacio Alonso ADVOCATIA ABOGADOS MADRID. Goodwill indemnity: Spanish recent case law. The existence of the indemnity in distributorship contracts No specific law

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Ignacio Alonso ADVOCATIA ABOGADOS MADRID

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  1. Goodwill indemnity in distributorship contracts: recent trendsSpanish recent case law and possible new statutory rules Ignacio Alonso ADVOCATIA ABOGADOS MADRID Advocatia Abogados - Madrid www.advocatia.com

  2. Goodwill indemnity: Spanish recent case law • The existence of the indemnity in distributorship contracts • No specific law • Unfair enrichment theory • Analogy with the Agency agreements • The duration of the agreement • The clientele procured • Future benefits. Evidences • Competition limitation clauses • Abuse of right Advocatia Abogados - Madrid www.advocatia.com

  3. Goodwill indemnity: Spanish recent case law • The criteria to calculate the indemnity • Unfair enrichment • Analogy with Agency Act. • One year • The amount to be considered • The possibility to renounce to the indemnity Advocatia Abogados - Madrid www.advocatia.com

  4. Goodwill indemnity: possible new statutory rules • The Draft for Distributorship Contracts Act • Legislative situation • General view of the Draft • Purpose of the legislation • Different kinds of distribution contracts • Government position Advocatia Abogados - Madrid www.advocatia.com

  5. Goodwill indemnity: possible new statutory rules • Rules concerning goodwill indemnity • General rule: no compensation unless expressly agreed in the contract • Exceptional rule: compensation in certain cases: • Increasing of the clientele • Clients lists • Post-contractual non competition clauses Advocatia Abogados - Madrid www.advocatia.com

  6. Goodwill indemnity: possible new statutory rules • Criteria for the calculation of the goodwill indemnity • No specific rule • Freedom of the parties and free decision of judges and arbitrators • Some additional ideas • Final comments Advocatia Abogados - Madrid www.advocatia.com

  7. Thank you Ignacio Alonso Partner Advocatia Abogados - Madrid www.advocatia.com Advocatia Abogados - Madrid www.advocatia.com

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