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Venezuela - International Agency and Distribution Law - 2nd Edition
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8310
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Venezuela
Carlos Eduardo Acedo
Environment for Agents
Agents in General
Venezuelan law is based on the Napoleonic Civil Code and Commercial Code. There is no special legislation regulating the agreements executed by producers or importers with the intermediaries who distribute their products or imports in Venezuela.
The Antitrust Law (Ley Antimonopolio) is only relevant when an agreement tends to distort the market. The Industrial Property Law (Ley de Propiedad Industrial) applies only to the trade marks and patents involved.
A practitioners’ normal approach to the kind of problems raised by agency and distribution agreements is to apply the general rules of the Civil Code (Código Civil ) and Commercial Code (Código de Comercio ) to any matters not expressly provided for in the contract under his examination.
Judicial precedent is not, formally, a source of law in Venezuela, where court decisions are only binding on the parties involved and judges need not follow other judges’ decisions (article 4 of the Civil Code and article 9 of the Commercial Code). In practice, however, many judges follow the rulings of the Supreme Court (otherwise their decisions may be overturned). Yet, no coherent body of judicial precedent directly applicable to the distribution of products has been developed in Venezuela.
An intermediary, when distributing a producer’s or an importer’s products or imports in Venezuela, may act for the account of such producer or importer, or may act on his own behalf. In the first case, there is an agency agreement and, in the second case, a distribution agreement.
Carlos Eduardo Acedo
Mendoza, Palacios, Acedo, Borjas, Páez Pumar & Cía.,
Caracas, Venezuela
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