Part I

The commission contract, as a type of intermediary contract, is a legal instrument whose purpose is for one of the parties—the commission agent—to conduct commercial transactions in their own name and on behalf of the other party—the principal—based on the authority granted and in exchange for remuneration, known as a commission. The commission contract gives rise, on the one hand, to an internal legal relationship between the principal and the agent, which is governed by the rules applicable to a mandate, and, on the other hand, through the conclusion of contracts with third parties, to external legal relationships between the agent and third parties, under which the agent assumes direct and personal liability. However, there are no legal relationships between the principal and third parties. The agent is not held liable for the proper performance of the obligations assumed by third parties, unless the commission contract contains a “star del credere” clause. As a general rule, the commission agent is prohibited from entering into with himself the commercial transactions for which he was authorized by the principal, unless there is no risk of prejudicing the principal’s interests.

Keywords: commission contract, effects between the parties, effects vis-à-vis third parties, obligations of the parties, agent’s privilege, star del credere clause, agent’s right of substitution, contract with oneself.