12. Contract de distribuţie. Acţiune în pretenţii. Interpretarea clauzelor contractuale
12. Distribution agreement. Action for claims. Interpretation of the contractual clause

Summary/Abstract: The provision under which the parties of a distribution agreement established the distributor’s right to sell the product purchased in a certain territorial area, its exceeding and selling in other areas than those mentioned in the agreement resulting in the penalty of termination of the agreement, cannot be deemed as an exclusivity provision. To be in the presence of an exclusivity provision as regards the distribution, it is necessary that the agreement expressly sets forth only the distributor’s right to sell the product purchased in the indicated geographical area with the application of a penalty for the seller if she sold similar products to another merchant who would have sold the goods in the same area.

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