INTERNATIONAL DISTRIBUTION CONTRACT AND AGENCY CONTRACT: SIMILARITIES AND DIFFERENCES

Abstract

The article analyzes the main aspects of international distribution and agency agreements, as well as the similarities and differences between them. The subject of the research is the legal regulation of international distribution and agency agreements. The purpose of the research is to identify the peculiarities of the regulation of these contracts in various legal systems and to substantiate the need for their legal consolidation in the legislation of the Republic of Uzbekistan. The relevance of the topic is due to the intensification of international trade relations, the need for clear legal regulation of intermediary agreements in cross-border activities, as well as the absence in the current legislation of Uzbekistan of the rights and legal norms applicable to these types of agreements. The problem of the research is the lack of unified standards at the international level and gaps in national legal regulation, which complicate the application of law and create legal uncertainty for participants in foreign economic activity. The research methodology was based on the method of comparative legal analysis based on the legislation and law enforcement practice of the European Union, the USA, and Latin American countries; international recommendations; model agreements; as well as scientific and theoretical sources. Systematic, logical, and formal-legal analysis methods were used. The results of the study showed that there are significant differences in the regulation of distribution and agency contracts in different countries: In the European Union, agency contracts are strictly regulated in accordance with Directive 86/653/EEC; in the USA, distributors have the same freedom as independent entrepreneurial activity; Latin American countries have extensive legislation covering this type of contract. At the same time, it was revealed that there are no universally recognized standards regulating distribution agreements at the international level, and there are also insufficient unified norms for agency agreements. The practical significance of the research results lies in the fact that, on their basis, it is possible to improve the civil legislation of the Republic of Uzbekistan, in particular, by including separate chapters regulating distribution and agency contracts in the Civil Code. This creates a solid legal basis for protecting the interests of the parties in mediation relations. The conclusions of the study emphasize the need for legislative consolidation of distributorship and agency agreements in national legislation. It is proposed to include in the Civil Code of the Republic of Uzbekistan separate chapters regulating such aspects as the concept of these contracts, the procedure for their conclusion, the rights and obligations of the parties, the procedure for their termination, and liability. The need to supplement the norms on the definition of applicable law in international mediation agreements is also noted. In the conclusion, the author formulated author’s definitions reflecting the specifics and characteristics of international distribution and agency contracts.