Unilaterally professional commercial mediation contracts and civil code provisions on agency contracts and contracts of mandate — Comments in the context of selected contracts

Abstract

Contracts on provision of mediation services similar to agency contracts are commonly conc-luded in commercial trade. It is potentially possible to apply Civil Code provisions on a contract of mandate to unilaterally professional mediation contracts. However, many elements make these contracts similar to agency contracts rather than contracts of mandate. In consequence the applica-tion of Civil Code provisions on agency contracts should be considered, bearing in mind that some of the provisions are specific for agency contracts only, such as provisions linked to the bilaterally professional character of agency contracts and provisions related to the fact that an agency contract creates a long-term relationship.