Article 426 of People's Republic of China (PRC) Contract Law: If the broker facilitates the conclusion of the contract, the principal shall pay the remuneration as agreed. If there is no agreement or unclear agreement on the remuneration of the broker, and it cannot be determined according to the provisions of Article 61 of this Law, it shall be reasonably determined according to the services of the broker.
If an intermediary provides media services for concluding a contract, the parties to the contract shall bear the intermediary remuneration equally; if the intermediary provides convenience for concluding a contract, the expenses of the intermediary activities shall be borne by the intermediary.
Extended data:
In the case of taking the sales contract as the guarantee, if the parties sign the sales contract as the guarantee of the private lending contract, and the borrower cannot repay the loan after the loan expires, and the lender requests to perform the sales contract, the people's court shall try the case according to the legal relationship of private lending and explain the change of the litigation request to the parties.
If the parties refuse to change, the people's court shall rule to dismiss the prosecution. After the judgment made in accordance with the legal relationship of private lending comes into effect, if the borrower fails to perform the monetary debt determined in the effective judgment, the lender may apply for auction of the subject matter of the sales contract to pay off the debt, and the borrower or lender has the right to request return or compensation for the difference between the auction price and the principal and interest of the loan to be repaid.
Where the borrower and the lender have not agreed or clearly agreed on the place of performance of the contract, and no supplementary agreement has been reached afterwards, and it is still uncertain according to the relevant provisions of the contract or trading habits, the place of performance of the contract is the location of the payee.
There are two situations in the so-called "the location of the payee" in private lending disputes: one is the location of the lender and the other is the location of the borrower.
In other words, when there is a dispute between the two parties on whether to lend the loan involved, the borrower's location is the place where the contract is performed; When there is a dispute between the two parties on whether to return or pay the loan and interest involved, the place where the lender is located is the place where the contract is performed.
Baidu encyclopedia-private lending