Intuitu personae

The intuitu personae is a characteristic of the contract that is deemed to have been concluded essentially because of the personal qualities of its co-contractor.

This feature restricts the ability to assign the contract to a third party.

Distribution contracts are often concluded intuitu personae, but only with regard to the distributor, the brand must retain the possibility of selling the network without the agreement of its members.

The intuitu personae is therefore not reciprocal: it only applies to the distributor, not to the head of the network, unless expressly agreed by the franchisor.