التنظيم القانوني للوكالات التجارية وأعمال الوكلاء التجاريين في فلسطين (دراسة مقارنة)
Date
2019-12-22
Authors
تامر شعبان ابراهيم ابو اسنينه
tamir shaban ibrahim abu seneh
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
In light of trade openness between countries, the free economic system, the expansion of commercial activities and trade transactions, the mounting role of companies and individuals in the exchange of trade and industry, the conclusion of commercial and industrial agreements, and the requirements of the commercial life, such as rapid achievements and mutual trust, traders, industrial individuals, and companies started to search for the conclusion of new commercial contracts to promote and market their products, and offer their services both locally and abroad. These contracts in general and commercial agency contracts in particular have contributed in selling and promoting products and services internationally. In turn, this has augmented the size of consumption and production and rotated the wheels of economy between countries. As a result, people can now conclude legal actions without being forced to come and conclude such contracts in person. Due to the importance of commercial agencies for the national economy since they offer various benefits and increase countries’ volume of customs and tax revenue, many countries started to legalize the provisions of commercial agency and commercial agents in a special law which regulates its provisions and rules.
The Palestinian legislator has followed a modern way in drafting a special law to regulate the provisions related to commercial agents No. (2) of (2000) concerning the regulation of commercial agents. Therefore, it was imperative to study these agencies in terms of legal regulation while taking into account the Temporary Law No. (19) of (1967), the Jordanian Commercial Agents and Brokers Law, which is applicable in the West Bank on what is not mentioned in Law No. (2) of (2000) regarding the regulation of commercial agents, the Jordanian Trade Law No. (12) of (1966) applicable in the West Bank, and commercial custom as general rules. Through the regulation of commercial agents law, the legislator aimed at achieving several objectives, especially after the signing of the Paris Economic Agreement in 1994; most importantly is the liberation of the Palestinian economy from the forced subordination of the Israeli economy. Since 1967, trade relations between the Palestinian and Israeli sides were marked by full dependency. Israeli policy sought to link the Palestinian market to the Israeli economy considering that the Palestinian
territories are an extension of the Israeli market. The legislator sought to unify the legal system between the West Bank, which was then under Jordanian rule and laws, Gaza Strip, which was then under the administration of the Egyptian laws. Therefore, the legislator started to draft Palestinian legislations, which unify achieve economic independence, and withdraws
from the dependence on the Israeli economy. It also aims at regulating trade exchange with the international countries. For this purpose, my study tackled the issue of legal regulations of commercial agents in Palestine. In its broad sense, a commercial agency is a contract that obliges one person called a commercial agent to conduct a set of legal actions on behalf of and
for the account of another person called the client. This study presents a historical overview on the reality of commercial agencies in Palestine before and after the issuance of the law, which regulates the work of commercial agents. Then, it moves to discuss the nature of the agency in general and the commercial agency in particular in terms of their definitions on legislative,
jurisprudential and judicial levels. The definition of the commercial agent and the client in terms of their characteristics and pillars, and the terms and conditions of the commercial agency were also discussed. The legislator drafted special conditions in Articles (5) and (2) of Law No. (2) of (2000) regarding the regulation of commercial agents whether these conditions are formal or other normal conditions required for practicing the work of commercial agents. It also has explored the conditions of validity of the contract regulated by the general rules. Then, the study moves to commercial agency registration procedures and what distinguishes it from some contracts such as brokerage and contracting work. In the second chapter of this study, the researcher discussed the legal effects of the commercial agency and the obligations on both of its parties and for others, and then it talked about the termination of the commercial agency. Trade Law No. (12) of (1966), which is in force in the West Bank, or Law No. (2) of 2000 on the regulation of the activities of commercial agents have not regulated termination cases of
commercial agencies whether they resulted from the rule of law or voluntary reasons; however, they were left to the general rules. At the end of the study, the researcher presented several recommendations, such as the amendment and addition of some legal texts especially in Law No. (2) of (2000) regarding the regulation of commercial agents because they include a specific ambiguity, problems and shortcomings.