Evolution of the institute of brokerage

Abstract

I believe I shoud at the very outset explain what this thesis is about. In writing this thesis I have concerned myself with certain aspects of the law relating to brokage. I have made no attempt to cover the entire subject. For example, I have not examined the nature of the contract of brokerages nor have i compared the many systems that obtain in different countries. However, I have endeavoured to the best of my ability to examine the topics I chose to write about, as throughly and as deeply as possible. This thesis is divided into four parts. In the first part (pp.1-19) I have traced the lines along which the Institute of Brokage developed from the earliest times to the present day. In the second part (pp.20-38) I have tried to describe the juridical character of the broker. I have given a definition of the broker - something which the commercial code has not done - and anylised it. The third part (pp.39-45) consists in an examionation of the relationship between brokerage in civil matters and in commercial matters. In the last part (pp.46-64) I have dealt with the all important question and when is a broker entitleed to claim the fee for brokerage? On last matter, the purpose of this thesis is to state what the law is, and not what it should be. I have not gone into the question of whether the provisions contained in Title IV, subtitle V of the commercial code and sections 1411 and 1412 of the civil code are adequate or not.