Research On The Contract Of Brokerage

Contract of brokerage is a kind of contract in which fraud gives the principals the opportunity to enter into a contract or provide medium service paid by the principals. In China contract law conclude one chapter to make specification for the contract of brokerage. However, with the development of the commodity economy and the prosperity of brokerage activities day by day, cursoriness and incompleteness of contract of law results in a lot of disputes on the contract of brokerage, such as whether the qualification for the fraud should be restricted or not, the qualifications for taking on the brokerage and expense, contents of fraud's obligation, character of the intermediary marriage and so on. This thesis, adopting historical and comparative way of analysis, introduces the evolution of contract of brokerage, compares the broker system under the Anglo-American law system and lawmaking status quo of contract of brokerage under the continental law system, compares the similarities and differences between contract of brokerage and contract of commission, contract of mandate, lays emphasis on rights and obligations of parties and points out the particularity of the intermediary contract of marriage.This thesis includes four parts except for introduction and conclusion.The first part is the outline of contract of brokerage. Firstly, the definition of contract of brokerage is analyzed, and the difference between brokerage and agency in social life is illustrated. Secondly, I put forward my own suggestion for subject qualifications for frauds. Lastly, an introduction is made to differentiate contract of brokerage and contract of mandate from contract of commission, and to differentiate fraud from broker.The second part is evolution of contract of brokerage. It introduces its origin and the process of the evolution in China, analyzes the origin and status quo of it in foreign countries and compares the broker system under the Anglo-American law system and the system of contract of brokerage under the continental law system.The third part is the most important part which states the existence and force effect of contract of brokerage. Firstly, it analyzes the form and condition of its existence and force effect, and then discusses the rights and obligations of both parties, which can be divided into three parts: the first part is fraud's request right to get reward. The conditions are stated as follows: the fraud should promote the establishment of contract between principals and the third person, make concrete analysis of each situation, illustrate the distribution of brokerage and lastly make confirmation of the amount of brokerage. The second part is the analysis of share in brokerage costs. By comparing legislation in different countries, I analyze the demerits existed in it, and make some suggestions. The third part tries to analyze the rights of the frauds concretely. Among them the most important one is duty of reporting honestly. For the incompleteness of this obligation, I think if fraud is purposive he should take the responsibility for the losses to the principals and his lapse. Lastly, many obligations of the frauds are stated in detail, such as duty of endeavor, duty of secrecy, duty of concealing the unknown and interposition of the frauds.The fourth part is special contract of brokerage---- the intermediary contract of marriage. In this part, the relationship between the intermediary contract of marriage and contract law is illustrated, and its particularities are introduced, and then some suggestions for lawmaking are put forward.