By Germn Marin
The commercial agency contract in Colombia is one of the
most controversial contracts in Colombia, for the obligations that the
entrepreneur is forced to pay to the agent at the time of its termination. The
novelty of some new approaches leads us to look at the license agreement, where
the object beyond the authorization to use a particular trademark, involves
inherently the exploitation of the trademark.
The commercial agency contract is one of the most
controversial contracts in Colombia, for the obligations that the entrepreneur
is forced to pay to the agent at the time of its termination.
The contract was first regulated in the Commercial Code in 1971. Since then its
regulation has remained unchanged and only jurisprudence and doctrine have
indicated its scope.
Before going on it is important to outline that for all legal purposes, all
commercial agency contracts to be performed within Colombia, shall be subject
to Colombian law. Any provision to the contrary shall be disregarded, even as
in many cases one of the parties is a foreign entrepreneur.
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MARIN SANTACRUZ &
CARRERA 7 No. 74 -- 21 PISO 5 BOGOTA, COLOMBIA
(57 1) 3139026