Research On The Effect Of The Contract Of Commission

Whether to adopt the separation of civil and commercial model country or united civil law andmerchant law of model country,they are provided for in the Commercial Code or Civil Code contract ofcommission system. This is no exception in China."Contract Law" has promulgated on October1,1999,which made provisions in dedicates a chapter to the commission system."Contract Law" has played apositive role in the development of China’s commercial affairs of the broker business, but with the rapiddevelopment of the market economy,"Contract Law" contract of commission system under theinadequacies increasingly prominent.So a serious impediment to the development of the of our commercialbroker in dustry.It is based on this paper, this article will China’s "contract Law" contracts of CommissionAgency carried out a detailed analysis and discussion of the inadequacies of the effectiveness of theprovisions of commercial affaris.There are mainly four parts in this paper except the abstract,introduction and conclusion:Part I: The basic theory of contract of commission. This section first analyzes contract of commissionis different from the contract of commission, which has its own particularity, such as the body has a limited,with a specific range of application, with the name of the person on the exercise of the rights; Secondly,Commercial contract of commission has great economic value, that is conducive to the realization of thescale of the economy, help to save the cost of information, reduce transaction costs and contribute to thesocial division of labor; Finally, the effectiveness of the Commercial contract of commission defined theneed for research, the effectiveness of commercial contract of commission is divided into internaleffectiveness and external validity.Part II: China’s "Contract Law" About the Commercial Contracts of Commission Agency effectivenessof the provisions of the inadequacies. There are mainly three aspects: First, the involvement of the principalrights of third party options applicable contract law provisions of section403of drawbacks, mainly fortheoretical drawbacks and disadvantages on the legislation; Second, the scope of the obligations assumedby the broker are not clearly demarcated, unreasonable, which mainly in: at first,commissioned by theaccidental loss of obligations bear provisions is not clear;In the second,it is to assume responsibility for others caused by malicious transactions shall not clearnot reasonable, the broker guarantees to fulfill theirobligations. In the third, the provisions of the rights of the broker is too general provisions of the First, theright of the broker involved relatively simple, the second is not expressly entitled to auction the right torequire the broker on the trust.Part III:Effectiveness of legislative provisions the domain foreign matter Contracts of CommissionAgency and learn. First introduced in that part of the Contracts of Commission Agency effectiveness of theprovisions of the Foreign Commercial Matters, Contracts of Commission Agency effectiveness of theprovisions of the German Commercial Code,"the French Commercial Code," Japan’s Commercial CodeShoji; Secondly, China’s Taiwan region Contracts of Commission Agency the force of law; Finally, learnfrom the effectiveness of the legislative provisions of the domain foreign matter Contracts of CommissionAgency, mainly in three aspects: First, the broker on the trust auction the right, is the linebroker’sreimbursement request the right to increase the broker intervention rights fiction provisions.Part IV: Improve the effectiveness of the rules of contract of commission recommendations.Obligation to perfect the part in three main areas: The perfect option on the right and the third personinvolved on the principal, mainly from a theoretical and legislative perfection; Second, clear and reasonabledivision broker bornerange.First of all, improve the safekeeping obligations of the broker rules, Secondly,for the guarantee to fulfill the obligations of the broker, people should adopt the convention ’legislativemodel, Once again, the obligations of a reasonable punishment commissioned engaged in trade, Finally, inaccordance with the instructions of the principalactivities and the delivery and transfer of obligations. Third,the explicitly specified broker the rights, specific performance: First detailed broker has step-in rightsprovisions, compensation claim, the broker shall enjoy the right to request reimbursement to four is clearthat the broker should be entitled to auction the right people on the trust.