الإطار القانوني لعقد الوساطة التجارية

Abstract

Commercial mediation is considered one of the commercial activities mentioned in the form of a commercial project. A commercial mediation contract is defined as “a contract whereby a person undertakes to perform a specific work for the account of another person in return for a commission without being affiliated with him, i.e., to manage and supervise him.” If one of them fails, the contract is considered invalid, and it is characterized by many characteristics. It is a consensual contract that does not require any formal conditions for its conclusion, except that it is sufficient for the contracting parties to agree through the conjunction of the offer with acceptance, and it is also considered a netting contract because each of the contracting parties takes in it a consideration for what he gave, in addition to that it is a form of a binding contracts for both sides, and it is one of the contracts based on independence, and also the commercial mediation contract is considered one of the commercial contracts because doing mediation is the subject of the contract and mediation is considered a professional business, and it is also considered one of the contracts of fixed value and duration because its parties can determine the time of its concluding, they can also decide when to meet and know how much to take or give. As for the legal nature of the commercial mediation contract, opinions differed about its adaptation. There are those who said that it is one of the unnamed contracts and another opinion sees it is an agency contract, and other sees it as a service-sale contract, yet another opinion sees it as a contracting contract. Through these opinions, it can be said that the commercial mediation contract is nothing but a contractor’s contract because they are distinguished by common characteristics.