Part I

Teodora-Maria BANTAŞ, Ph. D. candidate, Justification of the Emergence and Effects of the Commission Contract, as a Variety of Intermediation Agreements, in National and International Commerce
The commission contract, as a variety of intermediation agreements, represents the legal document that refers to the transaction of commercial affairs by one party – the commissionaire – in its own name and on behalf of the other party – the commitent – according to the mandate given and in exchange of a remuneration, called a commission. The commission contract leads, on one hand, to the constitution of an (internal) legal relation between the commitent and the commissionaire, which will be governed by rules applicable to the mandate agreement and, on the other hand, to (external) legal relations resulting from contracting with third parties, between the commissionaire and those third parties, relations which imply the direct and personal commitment of the commissionaire. However, there are no legal relations between the commitent and the third parties. The commissionaire is not held accountable for the adequate execution of the obligations assumed by third parties, in the absence of a star del credere clause in the commission contract. In principle, the commissionaire is forbidden from concluding with himself the commercial affaires that the commitent has empowered him with, unless no possible damage to the commitent’s interests is observed.

Keywords:  the commission contract, effects between the parties, effects towards third parties, obligations of the parties, the commissionaire’s privilege, star del credere clause,    the commissionaire’s right of replacement, contracting with oneself.

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