As a professional legal term, intermediary contract is not familiar to many people, but it is widely used in real life. So, what is the concept of intermediary contract? What are the characteristics? What are the legal provisions on intermediary contracts? Today, Bian Xiao will introduce the relevant contents of the intermediary contract to you.
First, the concept of intermediary contract
According to Article 96 1 of General Principles of Civil Law (effective): "An intermediary contract is a contract in which the broker reports the opportunity to conclude a contract to the client or provides media services for concluding a contract, and the client pays remuneration." It can be seen that the so-called intermediary refers to a system in which the intermediary reports the opportunity to conclude a contract to the client or provides media services for concluding a contract, and the client pays remuneration. Intermediaries are intermediaries who report information opportunities or provide media contacts for clients to conduct civil legal acts with third parties. Accordingly, an intermediary contract refers to a contract in which both parties agree that one party reports the opportunity to conclude a contract for the other party or provides media services for concluding a contract, and the other party pays remuneration.
Second, the legal characteristics of the intermediary contract
1. An intermediary contract is a contract in which one party reports the contracting opportunity for the other party or acts as a contracting medium.
2. Intermediary contracts are paid contracts.
3. Intermediary contracts are divided into agreed contracts and non-agreed contracts.
4. There is uncertainty in the performance of the payment obligation of the principal of the intermediary contract.
In an intermediation contract, when the activities of the same person achieve the purpose of intermediation, the client fulfills the obligation to pay remuneration. However, it is uncertain whether the intermediary can achieve the purpose of the intermediary, so the performance of the client's payment obligation is also uncertain.
5. The subject of the intermediary contract is special.
Laws and regulations should restrict the qualifications of intermediaries, require intermediaries to have corresponding knowledge, ability and professional qualifications, and stipulate that people with special powers such as state organs and leading cadres may not engage in intermediary transactions as intermediaries.
Third, the legal provisions of intermediary contracts.
Article 96 1 of the Civil Code defines an intermediary contract as a contract in which the intermediary reports the opportunity to conclude a contract to the client or provides media services for concluding a contract, and the client pays remuneration.
Article 962 The broker shall truthfully report to the principal the matters related to the conclusion of the contract.
If the broker intentionally conceals important facts related to the conclusion of the contract or provides false information, which harms the interests of the client, he shall not ask for payment of remuneration and shall be liable for compensation.
Chapter nine hundred and sixty-three
If the broker facilitates the establishment of the contract, the principal shall pay the remuneration as agreed. If the remuneration of the broker is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, it shall be reasonably determined according to the services of the broker. Where an intermediary provides media services for concluding a contract, the remuneration of the intermediary shall be borne equally by both parties to the contract.
If the intermediary facilitates the establishment of the contract, the expenses of the intermediary activities shall be borne by the intermediary.
Article 964 Where the broker fails to facilitate the conclusion of the contract, he may not request payment of remuneration; However, customers may be required to pay the necessary fees for intermediary activities as agreed.
Article nine hundred and sixty-five
Consequences of the Client Concluding a Contract with a Third Party in Private; After accepting the services of the broker, the client shall make use of the trading opportunities or media services provided by the broker to bypass the broker and directly conclude a contract, and shall pay remuneration to the broker.
Article 966 Where there are no provisions in this chapter, reference shall be made to the relevant provisions of the entrustment contract.
The above is the relevant content of the intermediary contract compiled by Bian Xiao for everyone. Intermediary contract has unique legal characteristics, and China's civil code has made detailed provisions on intermediary contract. If you have other questions about the legal provisions of the intermediary contract or want to know more about the judicial interpretation of the intermediary contract, there are online lawyers. If you have any questions, please feel free to consult.