The legal scope of the commercial mediation contract A comparative study between Iraqi law and Egyptian law

Abstract

The legal scope is intended to give an explicit legal description of a specific incident or term, and due to the absence of regulating the commercial mediation contract from some positive legislation, different jurisprudential opinions have emerged regarding determining the legal nature of the contract in question, as the issue of the legal nature of the commercial mediation contract raises theoretical and practical difficulties and that the legal nature for a commercial mediation contract. The legal conditioning of the relationship between the broker and the investor determines the nature of the provisions to which he is subject, and thus defines his rights and obligations. Determining the legal nature in this way is useful in determining the legal system to which the broker is subject. There is no dispute that the brokerage process in the trading of securities gives the broker a commercial character. Because the trader is every natural or legal person who carries out a commercial business in his name and for his account professionally. The importance and necessity of researching the issue of the legal nature of the commercial mediation contract lies in the Iraqi legislator’s regulation of the commercial mediation contract (indication) in the Indication Law No. 58 of the year 1987, which was accurate in some aspects and on the other hand was devoid of accuracy, so I chose this topic to show the points of accuracy and flaws in its subject. Commercial mediation in Iraqi legislationThe Iraqi legislation was devoid of regulating many matters in the law of significance, while other laws stipulated them, including the Egyptian one with which he compared them. We have explained that and the reasons that led us to the necessity of stipulating them in the Iraqi legislation.