LA INDEMNIZACIÓN POR CLIENTELA EN CONTRATOS DE AGENCIA, CONCESIÓN Y OTROS DE DISTRIBUCIÓN MERCANTIL

Abstract

This document explains the mercantile dynamics and the existing disputes between the main and dependent employer in marketing contracts, which has led to the consolidation of the practice of compensation by clientele in the international area. This legal concept consists an economic compensation received by the agent or distributor by the clientele contributed to the principal when the contract is terminated, either by unilateral decision of the principal or by agreement between the parties, provided that it complies with the required assumptions. This compensation is not included in the Ecuadorian legal system, but it could be introduced through an atypical contract. The development focuses on three of the main marketing contracts: the agency, the concession and other distribution contracts, defining the scope of these, their constituent elements and the requirements that give rise to compensation for customers when they conclude. For this purpose, doctrine, legal bodies and comparative law are used. At the end it is explained, that this compensation is also applied in the contracts of urban leases for commercial purposes.