Unofficial translaction
ARTICLE 228-When the contract is for an indefinite term, each party may terminate it upon
giving a notice.
Thenotice period shall beone monthforthefirstyearof the contract,twomonthsafter the beginning
of the second year, three months after the beginning of the third and succeeding years.
In the absence of an agreement to the contrary, the end of the notice period shall coincide with
the end of a calendar month.
In case of a term contract transformed into an unspecified contract,the notice period shall
becalculatedfrom the commencement of the contractual relations between theparties.
The parties may not agree on shorter notice periods.
Where they agree to longer time periods, the notice periods must be identical for the principal
and the agent.
These provisions do not apply when the contract is terminated due to a serious misconduct of
one of the parties, or the occurrence of an event of forcemajor.
ARTICLE229- In case of severance of relations with the principal, the commercial agent shall be
entitled to a compensatory allowancewithout prejudice to any damages.
The commercial agent shall lose the right to compensation where he failed to notify the
principal that he intends to enforce his right through a notice served by the bailiff or by any
means showing actual receipt by the principal, within a period of one year after termination of
the contract.
Thesuccessors of the commercial agent shall also benefit from the righttocompensatory
allowance when the contract is terminated due to the agent’s death.
ARTICLE 230-The compensatory allowance provided for in the foregoing shall not be due:
1) in case of termination of the contract for serious misconduct of the commercial agent;
2) in case of termination of the contract at the agent’s initiative, unless such termination is
justified by circumstances attributable to the principal or not caused by age, infirmity or
illness of the commercial agent, and more generally, by circumstances independent of the
will of the agent as a result of which the continuation of his activity cannot be reasonably
required;
3) Where, in agreement with the principal, the commercial agent assigns rights and obligations
attached to this contract that he holds to a third party.
OHADA / Uniform Act / Unofficial Translations
P. - 63 - of 78