However, the Judicial Branch mentions that in a distribution contract one of the obligations of the
grantor is to "give reasonable notice, in the event that it intends to unilaterally terminate the
contract."
In the same way, in article 7.3.2 of the UNIDROIT principles on international commercial contracts
2016 deals with the notification of the resolution, in the first part it is said that a party has the right
to be able to terminate a contract by notifying the On the other hand, in the case that I present,
we see that this article was not complied with because, as mentioned in the facts of the lawsuit, it
is evident that there was never such prior notice by THE AGENCY (UNIDROIT, 2018).
On the other hand, we find in the principles of UNIDROIT, we find "negotiations in bad faith" in
article 2.1.15 in numerals 2 it refers that when a party negotiates or interrupts negotiations in bad
faith, he must respond to the other party for the damages and losses that this negotiation in bad
faith will cause him and in 3 defines what is considered in bad faith for a party to enter or continue
with the negotiations that have been stipulated in the contract and that in turn intends to not
reach that agreement and comply with them. This previously said is related because THE AGENT
had stipulated an expectation of the duration of this contract for all these investments that he was
going to make in wineries and warehouses for the wines and the personnel that was hired to
attend them, all this in benefit of this positioning and recognition of the defendant's wine brands.
B. CA LCULATION OF THE COMMERCIAL AGENCY INDEMNIFICATION IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 1 OF ARTICLE 1324 OF THE COMMERCE CODE.
In order to determine the calculation of the compensation that the commercial agency has, due to
those elements of its essence as it is a contract that lasts over time and that with these can be
differentiated from those types of contracts that are of an execution or execution When this
contract is terminated, the instantaneous step gives way for the agent to collect for those efforts
made through different activities with the purpose of positioning and/or exploiting a certain brand,
in this case, the wine brands of THE AGENT.
The foregoing means that when there is a commercial agency and it is terminated for the same
reasons as the mandate, it must be given an amount equivalent to one twelfth of the average
commission, royalty or profit received during the last 3 years, in this case between THE AGENT and
THE AGENCY said sales were as follows during the last 3 years
In the year 2020 the total Sales were: $4,200,000,000
In 2021, total sales were: $5,000,000,000
In the year 2022, Total Sales were: $6,000,000,000
It is important to clarify that the previous figures were total sales and that everything is total sales,
my agent in this case Licores El Opita (THE AGENT) only perceived 20% of them as profit, which is
why to take the average of This profit must be added to the total sales of 2020 4,200,000,000+
5,000,000,000 of 2021+ 6,000,000,000= 15,200,000,000 to this value of 15,200,000,000 is ÷ in 3 to
take the average for a result of 5,066,666,667 from this value 20% is taken, which was the utility
that finally received liquor and this is equal to 1,013,333,333 and this value, which was the utility
received, the twelfth part is removed, which is 1,013,333,333 ÷12 = 84,444,444, the value of the
twelfth part must be multiplied by 11, which was the total number of years in which the contract
was in force 84,444,444 × 11 = $ 928,888,884, this would be the value of the compensation of
