The brokerage contract in the Civil Code (Law no. 287/2009) Cover Image
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Contractul de intermediere în Codul civil (Legea nr. 287/2009)
The brokerage contract in the Civil Code (Law no. 287/2009)

Author(s): Lucian Săuleanu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: brokerage contract; intermediate; client; professional; remuneration; contract of mandate; agency agreement

Summary/Abstract: Brokerage is an activity which plays an important role in the economy and is exercised in various areas thereof, such as trade, insurance, transport, etc. Despite the importance of this activity and the large number of brokered legal relationships, the first brokerage contract regulation is found in the Civil Code (Law no. 287/2009) which entered into force on October 1, 2011. The brokers are professionals and their goal is to bring together other natural or legal persons to conclude certain contracts specific to the economic sector they operate in. Brokers are third parties to the agreement between the two parties brought into relationship and have only the right to receive the established remuneration as far as the brokered agreement is concluded. In terms of the right to remuneration, the fulfillment of the obligations undertaken by the parties in the brokered contract is irrelevant.

  • Issue Year: 2012
  • Issue No: 06
  • Page Range: 39-48
  • Page Count: 10
  • Language: Romanian