Abstract
Agency contracts are considered from those based on the
personal consideration, because the confidence of the principal
is the essence of the Agency. Also, the Agency convened in the
interest of the principal that has the right, any time, to isolate the
agent; it may be held for the benefit of the agent and may relate to
others‘ right, then it is not permissible for the principal to terminate
or restrict it without the approval for Whom it is issued.
Legislator singled in the law of provisions related to immovable
money N“. 51 of 1958 a special text for the agency to sell the
immovable property. Successive amendments to this text couldnt
fill the gaps revealed by the practice.
This study came to highlight the agency contract to sale the
immovable money which attaches the other‘s rights, introduced
the definition to determine the terms, followed by a statement
of its special provisions. Contradiction in judicial discretion on
determining the legal nature of this type of contract examines the
legal consequences resulting from the emergence of this contract
first, then determines the proper legal conditioners for it. Finally,
the conclusion includes deficiencies and imbalances to be corrected
in the text outlined above.