CONSIDERACIONES SOBRE EL CONTRATO DE CORRETAJE.

Abstract

An upsurge in contracts concerning «collaboration» in various formats may be observed today in legal business and particularly in commercial business. One of the foremost of such contracts is termed the «mediation or brokerage contract », where the mediator facilitates the forging of a contract between an offerer and a third party yet does not himself contract with said third party on the offerer's behalf. In practice many interesting questions are raised concerning this type of contract, which is only sketchily regulated and therefore has been configured through case law. Our courts have steadily described it as «an innominate, facio ut des, principal, consensual, bilateral contract whereby one of the parties (the broker) undertakes to indicate to the other (the principal) the opportunity to conclude a legal act with a third party or to serve the principal as an intermediary for that purpose in exchange for a consideration». This article analyses this and other features characteristic of the mediation contract, as well as their practical repercussions.