The distribution contract in Ghana falls within the category of the so-called "atypical contracts", stipulated between the producer and/or supplier of goods and a distributor whose primary task is to promote such goods in relation to a given territory or through particular commercial channels with direct consumers. The determination of the contractual contents is left to the autonomy of the parties, who can therefore provide or not the exclusivity clause, establish the duration of the contract, identify the causes of its termination, the minimum purchase quantity for each order and other elements. The clause relating to the termination of the contract must be defined in detail by the parties, in order to avoid the occurrence of disputes. Ghanaian law does not provide for any obligation to pay a severance indemnity to the distributor. Nevertheless, in the event of early withdrawal by one of the parties, the contractor who has not released himself from the contract has the right to obtain payment for the damages suffered due to the premature termination of the contractual relationship. The parties are free to choose the applicable law, however, if in court the judge considers that the contract has characteristics more attributable to Ghanaian law, the latter will be applied, regardless of the choice made by the contractors. Furthermore, to establish a judgment concerning the protection of the rights deriving from a distribution contract, the law requires the prior registration of the same.
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