The regulation of commercial agency is found in the Code of Economic Law, in Title 1 of Book X.
An agent is one who acts on a permanent basis and for remuneration for a principal, without being subject to the authority of the principal. The agent negotiates and eventually concludes business in the name and on behalf of the principal. In general, the agent acts only for one principal and is therefore economically dependent.
The first alternative of commercial intermediation is the commercial representative. Unlike the agent, who acts independently, the commercial representative is an employee. He acts under the authority of his employer and follows his instructions. He therefore enjoys all the advantages of employee status.
The second alternative is brokerage: in this case, the broker simply puts several people in touch with each other. He therefore plays no role in the negotiation or conclusion of the deal.
The third possibility is the dealership contract. In general, the dealer buys goods from the manufacturer and resells them in his own name and for his own account, unlike the commercial agent, who acts for the principal.
Finally, the last possibility is the franchise. It differs from the others in that real know-how is made available to the franchisee, who in return pays a fee to the franchisor. The franchisee remains independent.