Challenges of the Knowledge Society (Apr 2011)
CONSIDERATIONS REGARDING THE DEFINITION AND CLASSIFICATION OF COMMERCIAL INTERMEDIATION
Abstract
The commercial intermediation is a complex juridical operation which includes a different number of juridical relationships that takes place between contractual partners either on a national or international level. These partners bare different naming due to their different set of rights and obligations set forth by the law or by the parties, and it is from this that the classification of the intermediation can be set forth. The commercial intermediation represents the activity that one person executes either in the name and on behalf of another person, or using its own name but on behalf of another person, or, finally, using its own name but on behalf of acting towards a common goal with the person who mandated her (the principal), in relation with who it is either a proxy or an independent intermediary, only negotiating or both negotiating and binding the principal. The purpose of the paper is to strictly define and set in order the various variations of the juridical operation that is the commercial intermediation, presented both in the light of the actual legal framework and also by reference to the New Civil Code. Also, the purpose is to highlight and systematize the contractual relationships from which the parties involved in a commercial intermediary operation may choose and the rights and obligations specific to each contract.
