Some Particularities of the Commission Contract, as Regulated by the Civil Code
Some Particularities of the Commission Contract, as Regulated by the Civil Code

Summary/Abstract: This paper aims to throw a light on some particularities of thecommission contract as it is presently regulated by the Civil Code, as aspecies of the mandate contract (without representation). Although thecommission contract is well known and often met in the trade, there are stillsome features that deserve consideration, mainly due to the approach usedby the lawmaker in order to translate this contract from the CommercialCode to the Civil Code. It is noteworthy that, while no legal obligationalrelationship is established between the principal and the third party,sometimes the effects of the contract concluded by the commissioner withthe third party are placed directly in the patrimony of the principal, as anapparent exception to the contract’s relativity principle.

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