The mercantile commission

valencia lawyer commission merchant contract




The mercantile commission



Although in the present circumstances the commission may appear word "objectionable", the mercantile commission is a useful figure which has been used since ancient times in the trade.

Its regulation is established on the articles 244 a 280 the Commercial Code although it should be noted that regulations have emerged as specific areas may be the law 12/1992 on the Agency Agreement or the law 26/2006 mediation of private insurance and reinsurance.

The mercantile commission is expected to regulate operaciones sporadic, unusual, in which the principal instructs the broker the specific activities in exchange for a commission. Is a mandate by which the commission is obliged to provide a service or to do something on behalf of the client.

By relying on trust, can not be transferred to a third.

The commission, can contract in its own name, or on behalf of the client.

If it acts in its own name, no need to declare who is the principal, and is obliged to directly, as if the business were his own, with the people you hire. These people have no claim against the principal and this against those.

If you are acting on behalf of the client, must clearly state, and then there will be possibility of actions between the principal and the people who hire and vice versa.

The commission contract is perfected by mere consent, explicitly the tacit.

Duties of commission

The commission is obliged to:

1.- Run the commission: The commission accepted the commission must meet but may suspend the execution until you make the timely provision of funds, unless it has been agreed that the anticipated.

2.- Accountability and follow the instructions received from the principal, and consult on matters not covered, if permitted by the nature of business. If the commission proceed against the express provision of the principal, would be responsible for all damages that will thereby incur.

3.- The guarantee fee: (art. 272 C.Comercio): If the commission on a sale percibiere, addition to the ordinary commission, another call warranty, bear the cost of collection risks, being forced to pay as if the buyer.

Obligations of the client

1.- The payment of commission: the client is obliged to pay the commission unless otherwise agreed, and failing express agreement, shall be in accordance with commercial practice of where the commission was fulfilled.

2.-The payment of expenses and disbursements with legal interest from the day that would have done, until complete repayment.

In case of death of the commission contract is terminated, but the death or disqualification of the principal not terminated, although they may revoke their representatives.

This type of contract, is often used for the purchase or sale of goods, usually in cases of specific and unusual sale.

On download area I placed a model that can be downloaded from the following link.




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