أوجه الشبه و الاختلاف بين السمسرة و كل من الوكالة و الوساطة التجارية : دراسة في ضوء أحكام التشريع الأردني و قرارات محكمة التمييز الأردنية

الملخص EN

The Jordanian legislator recognized the importance of brokerage in the business life ; therefore, adopted the Ottoman system of auctioneers and brokers for the year 1904, then issued the law of agents and mediators No.

(3) For the year 1965, and then, the legislator organized the brokerage contract in the Trade Act No.

(12) For the year 1966, and then issued the law of trading agents and mediators law No.

(20) For the year 1974, then the law of trading agents and mediators no.

(44) For the year 1985 was issued.

The legislator issued the law of trading agents and mediators no.

(28) For the year 2001.

The legislator thought that the concept of business mediation is the same as the concept of brokerage, which means that the mediator is the broker and this is indicated by the definition of the trade agent in the final law of trading agents and mediators article (2), which is defined as follows : "A person mediating between two parties for a contract or facilitating a transaction, and what comes out of this mediation for a payment without holding any responsibility.", and this is the nature of brokerage contract.

The Jordanian legislator states that, in article (99 / 2) of the Commerce Act, the rules of the agency should be applied the brokerage process in general, and in his mind also that there is a similarity between the concepts of brokerage and agency, despite the fact that the Cassation Court has denied in many of its provisions that the brokerage is within the concept of agency and trade mediation.

Therefore, this research is an attempt to resolve this matter, being subject to the question : "Is the brokerage involved in the concept of agency and trading mediation in the light of the provisions of the Jordanian legislation and Cassation Court judgments?" To achieve this goal, the study was divided into two sections : The first section dealt with the most important aspects of convergence and differences between brokerage and the rest of the mediation business in its narrow sense, while the second section dealt with the brokerage organization in the light of the Cassation Court judgment.