The Intermediation Agreement

Abstract

The intermediation agreement is a distinct nominate contract under Romanian law, whereby the intermediary undertakes to connect a client with a third party for the purpose of concluding a contract. Unlike a mandate, the intermediary does not act as a representative and does not participate in the formation of the contract, except where expressly authorized. It also differs from agency, which involves a continuous relationship and the agent’s active role in negotiating or concluding contracts on behalf of the principal. The intermediary’s right to remuneration arises only if the mediated contract is concluded as a result of its activity, being subject to a complex suspensive condition.