The distribution of products and merchandises can be done in various modes. The mode aimed by this study is the "integrated" distribution. It brings together a manufacturer and merchants who are linked by contract. The object of the latter is to oblige the merchants to buy, exclusively or not, the manufacturer's goods for reselling on their behalf. This resale is organized by the manufacturer who dictates to them the obligations concerning the sale and the maintenance of the goods. / Those obligations engender contractual relationships on a regular basis between the parties which are essential for the commercial survival of the resalers. In fact, the latter put their enterprise of distribution at the manufacturer's disposal. Thus, the parties adhere to a same procedure of distribution because the manufacturer can follow his goods from the production to the consumption stage. / The preliminary chapter of this thesis specifies and elaborates the terminology in Quebec Law on the usual terms relative to those contracts. This was rendered necessary because of the influence of American terminology on the subject. This work naturally led to an historic overview of the contracts of integrated distribution in five major juridical systems: United States, England, Canada, France and Quebec. / The first chapter's purpose is to establish a classification of those contracts which are proteiforms. To this end, we used two types of criterion of classification, namely the economical criteria and the juridical criteria. The economical criteria will study the economic activity aimed by those contracts and the form of economic concentration which they represent. Our juridical criteria will analyse the clause of exclusivity and the clause of control. / Having thus established the criteria of classification, we will then, in a second chapter, examine the obligational content of the contracts of integrated distribution. These can be divided in two main categories according to whether they possess or not a clause of territoriality. Contracts that do not have a clause of territoriality can be divided between those which have or do not have the exclusivity of supply.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.56898 |
| Date | January 1992 |
| Creators | Laprise, Gisèle |
| Contributors | Crepeau, Paul-Andre (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | French |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001319891, proquestno: AAIMM87590, Theses scanned by UMI/ProQuest. |
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