Terminating the commercial contracts agency contract by unilateral decision

Abstract

A contract agency contract is a contract under which a person undertakes to undertake, on an ongoing basis, in a specific area of activity, to encourage the conclusion of contracts for the benefit of the other contracting party in exchange for a fee. The task of the contract agent may go beyond discussing the deal to the necessity of concluding and implementing it in the name and for the account of the principal. The importance of the research is represented in It is necessary to focus on the issue of terminating a contract agency contract, which has become widely dealt with, which requires that his right to compensation be guaranteed upon termination of the contract, and the extent of the protection that this organization provides to contract agents, the greater the social stability that will occur for this category of society, which is what It has a positive impact on the state’s economy. The main research problem is the extent to which it is permissible to terminate a contract agency contract by one of its parties of his own unilateral will. The aim of the research is to highlight the specificity of the legal system for terminating a contract agency, highlight the advantages and disadvantages of the legal regulation, and investigate judicial jurisprudence regarding it. I will use the descriptive approach and the analytical approach. The comparative approach between the Egyptian and Yemeni legislation, and the research plan was organized into: the first requirement is to terminate the contract agency contract by the sole will of the principal, and the first requirement is to terminate the contract agency contract by the sole will of the agent. The research concluded with results, the most important of which is that the law terminates the contract agency contract with special provisions, with the agent being granted Broader protection, and the principal’s freedom to terminate an indefinite-term contract is broader, as it is not restricted to specific reasons, except for the restrictions of prior notification and termination at an appropriate time. However, in a fixed-term contract, the freedom to terminate is restricted to the absence of an error on the part of the agent and for the termination to be based on a reason. It is serious and legitimate, and the Yemeni legislator did not provide real and comprehensive protection to the commercial agent from the damages that may befall him upon the termination of the agency. The research recommended that Yemeni law stipulate protection of the contract agent from the effects of the client’s refusal to renew the agency contract. The Egyptian and Yemeni laws recommended specifying the period of notice and setting a general standard to be determined. On its basis, the content of the legitimate reason that allows the client to dismiss the contract agent is that the reason be due to objective and inevitable reasons, and that Yemeni legislation stipulates the protection of the contract agent from the effects of terminating the contract for any reason