Pokrzywniak, Jakub2013-07-182013-07-182002Ruch Prawniczy, Ekonomiczny i Socjologiczny 64, 2002, z. 3, s. 97-110.0035-9629http://hdl.handle.net/10593/7057The aim of the article is to designate those characteristics of a brokerage contract that distinguish it from other types of contracts. The author begins by analysing the notion of insurance mediation on the basis of its legal definition as well as the practice o f the market. In consequence, he uses the notion in its strict sense, i.e. in reference to concluding transactions, and not denoting any form of consulting, especially risk management. Since the main area of insurance broker’s activity consists in rendering services of insurance mediation, the author proposes to define brokerage contract as contract for these services. However, if an insurance broker renders any additional services, in particular in the area of risk management, then two separate and different legal relations occur. Furthermore, a brokerage contract is characteristic on the one hand for its parties, as the broker is always a party to the contract, and on the other for the fact that the broker is remunerated by the insurer rather than the client himself, although it is the client that orders the services (the contract is thus considered gratuitous). The remuneration, called brokerage fee, is paid for the service of insurance mediation, which aims at facilitating the conclusion of an insurance contract. This leads to the conclusion that two types of services rendered by the broker should be distinguished: consultation (not remunerated by the insurer) and mediation services, which make the broker’s remuneration model so distinctive.plArtykuł