A contract is considered indefinite if it does not provide for a specific duration or if both parties continue to fulfill the fixed-term contract at the end of its term. The directive sets minimum deadlines for termination of indeterminate contracts based on the termination date; That is, one month for the first year of contract, two months for the second year and three months for the third year and subsequent years. Parties should not agree on shorter notice periods. As a general rule, the contract will indicate when and how the contract should be terminated, and Kit is important to meet these conditions, especially the termination formalities. As a general rule, if no fixed notice or termination mechanism has been agreed, the contract may be terminated by an appropriate termination. Ideally, an appropriate notice period should be agreed before being informed. If this is not possible, an appropriate notice period should be requested. Non-notice may be an offence. In the event of a very serious infringement, it is possible to terminate the contract immediately, but with the utmost caution and with specific legal advice on this measure. This depends on the contractual relationship between the parties and the common law and is largely related to agreements on services, not goods. Under the national legislation of the Member States, longer notice periods can be set; That is, four months for the fourth year of the contract, five months for the fifth year and six months for the sixth year and the next, and may decide that the parties cannot accept shorter deadlines. Turkish law sets the notice period at three months. The current regulations restrict in principle the contractual freedom of the contracting parties in several respects, almost all of which are favourable to the representative.
Even if the termination of the contract is not in dispute, the client may be required to make a substantial payment to the representative. This should be considered at an early stage. A third possibility (and very similar to the second option according to the above data) is the sales agency, which is terminated after a minimum number of months, reflecting the minimum time frame for the duration of the distribution agency`s operation, but not ending on the last day of the last month of the notice period – this would reflect Regulation 15 (4). which allows the parties to „agree in another way” that the end date of an indeterminate contract is not in compliance at the end of the month. Example: – It is possible to regulate a non-competitive obligation after termination under the termination contract. Such an obligation is common in agency relationships. It is important to explicitly define the extent of the territory, products or services and the duration of the non-competition obligation. The duration of non-competitive competition may exceed one year for the distributor and two years for the representative. With the exception of a termination due to the omission of the other party, which would justify the immediate termination of the brokerage contract in accordance with Regulation 16 (see below), the minimum termination provisions of Regulation 15, paragraph 2, cannot depart from the provisions of Regulation 15, paragraph 2.
Termination agreements generally contain provisions governing dener, non-competition rules, confidentiality, value compensation, inventories, conditions and essential notices for agency and distribution contracts. In accordance with contractual freedom, the provisions may be extended to cover certain other matters depending on the nature of the main contract and the intent of the parties. The laws applicable to the termination contract must certainly be taken into account, as they vary from country to country.