The Role of Working Commission Transactions in Afghanistan's Legal System

Abstract

A commission agent is an individual who conducts business transactions in their own name on behalf of the transaction owner, earning a fee for their services. This contractual arrangement between the transaction owner and the commission agent is referred to as a working commission. It is important to differentiate working commission from representation and advocacy; in traditional representation or advocacy, the representative or advocate acts on behalf of the principal or client, whereas a commission agent often conceals the identity of their principal. Consequently, the party involved in the transaction may only recognize the commission agent’s right and not the identity of the principal.

This research highlights the significance of working commission transactions within the Afghan legal framework by thoroughly examining their legal implications. The importance of this discussion is paramount, as it addresses a critical issue impacting Afghan society.

The objectives of this research can be viewed from both theoretical and practical perspectives. Theoretically, the primary aim is to expand the academic understanding of commission transactions. Practically, the research seeks to analyze the position of commission work within Afghanistan's legal system, which constitutes a fundamental legal concern.

The investigation was conducted using library resources and existing legal texts from Afghanistan. Insights and definitions pertaining to this topic were derived from relevant books and legal documents.

Through this research, I have concluded that a commission agent is a businessman who operates in their own name while acting on behalf of others. In this context, entities that establish and manage property dealer offices serve as pertinent examples of working commission practices.