Mediation: the conclusion of the deal and the right to commission

  • 06/11/2018

The article 1754 of the Civil Code defines "mediator" as the one who relates two or more parties to the conclusion of a business, without being linked to any of them by relationships of collaboration, subordination or representation. The mediator is entitled to commission by each of the parties, if the deal is concluded as a result of his intervention.

The Court of Cassation, sec. II, with order no. 21559 of 2018 has stated that the right to the commission of the mediator arises whenever there is a causal relationship between the activity of intermediation and the conclusion of the deal.

In particular, it is not necessary that the etiological link to be immediate and direct, but it is indeed sufficient that the mediator has put the Parties in relation, in order to constitute the indispensable starting point for the conclusion of the contract, according to the principles of adequate causality.


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