النظام القانوني لوكالة العقود التجارية : دراسة مقارنة == The Legal System Of Commercial Contracts Agency A Comparative Study
Author name:
اسراء صلاح محمد سعيد الطائي
Supervisor name:
هالة مقداد احمد الجليلي
General topic:
Law
Specific topic:
Commercial Law
Degree:
Master
University:
University of Al Mosul - Collage Of Law - Department Of Private Law
Language:
Arabic
University location:
Mosul
First pages:
13T1529 - p.pdf
Abstract:
وكالة العقود هي احدى صور الوكالة التجارية القائمة على فكرة النيابة الكاملة في التعاقد. فهي بمضمونها عقد يلتزم بموجبه شخص يسمى الوكيل بان يتولى على وجه الاستمرار، وفي منطقة نشاط معينة الترويج والتفاوض وابرام الصفقات باسم شخص اخر يدعى الموكل ولحسابه مقابل ا | Contracts agency is considered to be one the most commercial agencies that draw upon the idea of the complete proxy in contracting process. It is inclusively a contract that assumes an individual to undertake currently, in a certain active location, to negotiate and dealing. This can be fulfilled by the name and for the account of another constituent individual against a wage payable to the agent. The current study delineated that the contract has a property of being prominent rather than other formulas and commercial mediations. In order to fulfill the requirements of the any contract, there should be provided by parties of the contact (agent and procurator) and other individuals who sign the contract for them. The agent himself seeks individually to form this element, whichever advertisement, negotiating and ensuring. It should provide the prerequisite requirements (satisfaction, location and reason) for the integrity of the contract items to be validated in the rightful parties. Before the practice of the agent to the activities of implementing the contract agency inside the required country, he should make the procedures of the commercial record registration. Thus, it is prohibited to practice the agenda of commercial agency, only to the names recorded in the commercial record registration. These have been provided by the commercial agency lawful items. Commercial agency has properties may be associated with other contracts as a party - binding contract depends on negotiating among parties. Additionally, some properties that may be individualized tan others. The commercial agent characterized by individuality that he is free of managing all commercial activities. On the basis of signing the contract between the two parties, rights and commitments may be established. Many relations have emerged almost among the parties of the contract or the agent and the other individuals. If any party breaches the agency, there have been commitments about this type of liability.As for any contract, there must be validated. Contract agency provided the general reasons to validate the agency. Additionally, the lawmaker provided the individual reasons that the contract agency may have been validated. This can be seen in an individual will for one party of the contract and the idea of cooperative right that the contract thought was based on and justified the private system for the accomplishment. It is dedicated that the other party may be compensated as result to the violation of one item in contract agency on condition of uncompetitive procedure of the incompletion the contract. What is the conclusion of the judging condition and the degree of commitment to the parties of the contract after the validation?
