الرافدین للحقوق (Jun 2021)
The Role of Commercial Agency in Promoting the competition and Prohibiting the Monopoly in the Iraqi Law - Comparative Analytical Research -
Abstract
The difference and the disparity in the wealth, capacities and scientific qualifications among human societies, the development of advanced societies in term of technology and industry over undeveloped societies on the one hand , the increase in the daily life needs and the ease of communication on the other , in addition to the removal of the traditional obstacles to international trade. All these factors above formed a motive for the trader or producer to look for new markets to sell their products . The trader or producer might be unaware of markets’ conditions, the nature, and the mood of the consumers in their societies. In this case, we can see the importance and the necessity of having specialized people who have to be from the same community to figure out how to promote the products and find out the consumers. The producer might be from the same society but he cannot do this business. In this case, the producer goes to the commercial agent to conduct business on behalf of him. Despite the fact that the agency contract has been organized as a part of the named contracts within the scope of the civil law, and the commercial agency contract is ultimately an agency contract. However, there are number of differences and advantages the commercial agency contract is characterized with . It is not possible to suffice with what is mentioned in the civil code . Thus, the need to take this privacy into consideration and regulate it with different types emerged. On the other hand, the Iraqi legislator regulated commercial agencies by issuing a new commercial agency law No.79, 2017 which repealed the commercial agency law No. 51, 2000 in order to keep pace with modern commercial developments and in the proportion to the current Iraqi commercial and economic reality . That is why we decided to examine the most developments of the new law, analyze its provisions, indicate its deficiencies, and its shortcomings. Moreover, in this research we discuss the exclusive commercial agency and raise its legal problems especially with regard to its role in monopoly, restricting competition as one of the relatively modern legal system. Finally, this study aimed to analyze these problems and find out their solutions by using the comparative laws.
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