A model of efficient regulation of distribution agreements in the Draft Common Frame of Reference (DCFR)

Abstract

Este trabajo ha obtenido el Primer Premio Estudios Financieros 2011 en la modalidad de DERECHO CIVIL Y MERCANTIL.

In the search for references that can serve as inspiration in the formulation of a policy proposal suitable for distribution contracts, this essay proposes to use the opportunity provided by the publication of the Draft Common Frame of Reference for European contract law (DCFR) to review scientifically the relevant material that has been produced in the process of harmonization of European private law. In particular, since one of the missions of the DCFR is to provide «model rules» for the Community legislature and legislators, it seems appropriate an analysis of the rules on distribution contracts in order to ascertain if it contains ideas and solutions that could be adopted into Spanish Law. Spanish scholars and practitioners are still waiting for a modern and complete regulation of such contract or, alternatively, for a guide intended to develop a code of conduct in line with the proposals arising from the «Report on the issue of distribution agreements».