Legal News

In this case, it referred to an "exclusive distribution contract", but this also applies, in fact, to many other contracts.

You’ve terminated a contract, but have continued to work as before. Does a new, verbal agreement thereby arise?

No, according to a very recent judgment of the Court of Cassation. By simply continuing to work, you and your contracting partner have tacitly decided that the termination should be regarded as non-existent.

In other words, the original contract continues, even though you have terminated it in accordance with the rules.

This has quite a few consequences, of course. It means that each party can still invoke the contract. If, for example, the contract contains an obligation to achieve a certain turnover, your contracting party still has to achieve this.

Defensis Law Firm regularly assists producers and distributors with the negotiation and conclusion of distribution contracts (exclusive sales, dealer agreements, commercial agencies, etc.), as well as with the enforcement of these contracts in court.

Please don’t hesitate to contact us for more information or further explanations on legal@defensis.be or 02 892 60 70.