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What is it?
Is the contract realized between one business man and one person or two traders, where one person is responsible to realize by charge and the others account, on one ormany commerce operation.
The two elements that are involved are:
Commission agent: the one that receives the duty.
Commission principal: the one who delegates the operationor commercial act.
Characteristics
* Contract that works as a way to collaborate between traders.
* Has as object commercial acts or operations.
* Bilateral
*Onerous
* Based on mutual trust
Acting Ways of the of the commission agent
He can’t act with power of attorney or without it. Art. 399 Commercial Code.
Indirect representation:he can act with his own name, but takes responsibility with the client. Art. 408, 409 Commercial code.
Direct representation: acts in name of the commission principal. He takesresponsibility with the client and against them. Art. 408, 410, 411 Commercial Code.
Comission Agent Obligations
He can suspend if there isn’t a fund provision. Art. 406, 407, 422,Commercial Code
The commission agent can’t use the funds for other purpouses. Art. 418 Commercial Code.
He needs to report quantity received, give back products not sold, he isresponsible of the merchandise while it is on his power. Art. 423 Commercial Code.
The commission agent can´t delegate his assignments, without an agreement with the commissionprincipal. Art. 405.1 Commercial Code.
He cannot give credit to his clients unless there’s a previous authorization from the principal commission. Art.428, 472 Commercial CodePrincipal Comission Obligations
Pay the commission fee to the commission agent. Art. 430, 431
Payment of the expenses made by the commission agent on justified accounts. Art 431