Mediation Contract in The Saudi Legal system

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Abstract

This study deals with the rules contained in the commercial mediation contract and other contracts in which one party uses the skills of the other party, as this contract is considered one of the most important commercial contracts, especially in the fields of real estate, whether buying or selling, as well as other fields, whether commercial or economic, This study aimed to clarify the concept of the commercial mediation contract and the mediator, whose final function is summarized in the mediation contract by bringing the points of view between the two parties closer together in order to conclude the required deal. The mediation contract is a consensual contract that is binding on both parties, and the mediator’s obligation is to complete the implementation of the contract and not just conclude it. In exchange for a specific commission that he receives by agreement of both parties, the brokerage contract ends with the completion of the work assigned to the mediator, and sometimes it ends before its implementation due to the impossibility of implementation. The study concluded that for the contract to be valid, the general objective elements must be present. The work of the mediator is considered a permanent commercial work for the mediator, whether this work is related to commercial or civil transactions in Saudi commercial law
沙特法律体系中的调解合同
本研究涉及商业调解合同和其他合同中包含的规则,在这些合同中,一方当事人利用另一方当事人的技能,因为这种合同被认为是最重要的商业合同之一,特别是在房地产领域,无论是买还是卖,以及其他领域,无论是商业还是经济领域,本研究旨在澄清商业调解合同和调解人的概念,调解合同中总结了调解人的最终职能,即拉近双方当事人之间的观点,以达成所需的交易。调解合同是对双方都有约束力的合意合同,调解员的义务是完成合同的执行,而不仅仅是缔结合同。作为交换,调解员根据双方协议收取特定佣金,调解合同在调解员完成指定工作后结束,有时因无法执行而在执行前结束。在沙特商业法中,调解员的工作被视为调解员的一项永久性商业工作,无论这项工作与商业交易还是民事交易有关。
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