On Special Problems Of The Intermediary Contract Of Marriage

The intermediary contract of marriage is a particular type of intermediary contracts, and the identity attribute of marriage nexus differentiates the contract from the usual intermediary contracts aiming at helping to bring about property contract between the parties, at the same time, the special rules regulating the intermediary contract of marriage come into being. Intermediary contracts are compensated in principle, but the civil law of some countries and areas, represented by Germany, makes peculiar regulations to rule the intermediary contract of marriage and classifies the brokerage resulting from it as natural obligation. In today's society, with the development of the intermediary activities of marriage, the scholars have questioned the above regulations, In the academic community, there are conflict points on whether the marriage intermediary must possess a certain subject qualification. The key point is that whether a natural person can be a marriage intermediary and if so, whether he must take brokerage as his career. A chief duty fulfilled by the marriage intermediary is to report honestly to the client, but the scholars hold disagreement on the duty of active investigation. The intermediary contract of marriage is related closely to the spiritual interests of the client, so when present law has no definite provisions, it is necessary to study on the application of the system of the compensation for mental distress to the intermediary's liability for breach the duty of reporting honestly. The right of claim for pay of the intermediary is based on the premise that the contract between the client and the third party is established, but for the intermediary contract of marriage, there are some obstacles to the practical application of this rule. So whether the law should make some special rules about the establishing conditions of right of claim for pay to the marriage intermediary is also necessary to the study on intermediary contracts.