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Specialty

Contracts and Commercial Relations

Long-running commercial contracts accumulate years of orders, invoicing, commissions, targets and price adjustments. When the relationship ends in a dispute, that history has to be reconstructed to determine what each party owes.

Category
Specialties
In Summary
Economic and financial imbalance, contractual disputes, and commercial agency, distribution and dealership agreements.

Context in which the problem arises

Commercial agency, distribution and dealership arrangements are governed by specific rules, such as Brazilian Law 4,886/1965 and the so-called Renato Ferrari Law, which shape the basis on which indemnities are calculated. In long-term contracts, changes in costs and conditions can also give rise to rebalancing claims.

When this analysis is needed

  • Termination of an agency, distribution or dealership agreement.
  • Claims for economic and financial rebalancing.
  • Disputes over commissions, bonuses and discounts.
  • Accounting disputes between commercial partners.

Questions typically analyzed

  • Economic and financial imbalance of contracts
  • Contractual disputes and controversies
  • Commercial agency and Brazilian Law 4,886/1965
  • Dealership agreements and the Renato Ferrari Law
  • Rendering of accounts
  • Review of revenue, expenses and contractual obligations
  • Distribution, dealership and commercial agency agreements

How SGEx Approaches This

SGEx reconstructs how the contract was performed based on purchase orders, invoices and account statements, applies the relevant contractual clauses and statutory calculation rules, and presents the resulting amounts by period and by type.

Steps in the SGEx methodology

Possible Work and Deliverables

The format is defined according to the case, the proceeding and the purpose of the work.

  • Expert opinion
  • Contractual indemnity calculation
  • Expert report
  • Review of calculations
  • Expert questions and technical submissions
Knowledge Network

Other SGEx Solutions

Services, specialties, contexts and industries connected to this topic under SGEx's relationship matrix.

Next Step

Request an Analysis

Describe the technical question, the context in which it arose, and the documents available. This information lets SGEx assess the scope of the work before any proposal.