El Contrato de Distribución como Mecanismo para la Comercialización de Bienes y Servicios en Venezuela

This study analyzes the distribution agreement as a tool to commercialize goods and services in Venezuela. To this end, the study’s specific objectives were as follows: a) To describe the commercialization of goods and services according to Venezuelan doctrine; b) To explain distribution agreements...

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Đã lưu trong:
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Được phát hành: 2015
Những chủ đề:
Truy cập trực tuyến:http://hdl.handle.net/10872/9644
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Tóm tắt:This study analyzes the distribution agreement as a tool to commercialize goods and services in Venezuela. To this end, the study’s specific objectives were as follows: a) To describe the commercialization of goods and services according to Venezuelan doctrine; b) To explain distribution agreements according to commercial doctrine; and, c) To study the boundaries that the free autonomy of the parties’ will encounters in the distribution agreement. The questions raised for making this study were: How has the commercialization of goods and services in Venezuela evolved? What is the characteristic element that differentiates commercial distribution from other similar activities? What is the definition of distribution agreement? What are the main obligations of the parties to a contract? And, what are the boundaries that the free autonomy of the parties’ will encounters in the distribution agreement? The method applied in this study was the legal dogmatic method, using the documental investigation technique, which is based on the research, analysis, assessment and interpretation of the main bibliographical references, as well as national and foreign legislative and case law references that regulate the matter. Finally, the following conclusions were reached: a) Commercial distribution began when the primitive man got over the auto-consumption phase and performed the first commercial exchanges, and it had a noticeable evolution at the time of the Industrial Revolution; b) The term “distribution” has had a broad and a strict meaning in commercial doctrine, which allows the setting of a difference between the legal concept and similar activities; c) Distribution agreements are customary contracts since they address a commercial tradition, and they are also innominate contracts where the free autonomy of the parties’ will acts as a regulator; and d) The free autonomy of the parties’ will in distribution agreements is mainly limited by public order, good customs, and prohibitive and mandatory norms.