Intermediary Contract Typed Research

Intermediary contract’s origins can be traced back in ancient Rome, ancient Greece,Ithas become an indispensable types of contracts in market economy,plays an importanteffect to the market operation development.Because there are many different kinds ofintermediate and involves multiple areas, coupled with both academic research andlegislative practice are not yet engaged in system science reasonable typing orclassification grading standard, makes the intermediate behavior legality judgment,intermediary contract rights and obligations in contract law practice is chaotic,intermediary disputes emerge in endlessly.This article from the basic theory of theintermediary contract and trading-trust contract, as well as the similarities anddifferences of the agency appointment contract, this article focuses on the traditionalclassification of intermediary contract, on the basis of the original typed theintermediary contract, and according to the results of typing, sorting out theintermediary contract general rule and special rule, facilitate under different types ofintermediary more clearly the rights and obligations of the parties to a contract ofknowledge and understanding.It not only helps to improve the intermediary contracttheory itself and make up the existing legislation defects, also help to contract lawrevision of the relevant law. The text is divided into four parts the main contents are:The first part is Introduce the basic theory of intermediary contract.Intermediarycontract concept and its close relation and distinction between the concept, historicalevolution of intermediary contract system, to clarify the basis of the intermediarycontract theory and the agency contract, the relation and distinction betweentrading-trust contract, to lay the theoretical foundation for later study.The second part is The intermediary contract typed researches.Sorts throughtraditional intermediary contract classification rules, pointed out the defects andshortcomings of existing intermediary contract classification methods, the typingmethod is put forward and its value for the intermediary contract and then on the basisof classification, as the intermediary contract general rule and special rule and thedifference of different kinds of rights and obligations under the broker to lay thefoundation.The third part is The rights and obligations of the principal.This chapter from the client perspective on the rights and obligations of the principal, Include paymentburden of payment of duty, obligation, duty, etc., as well as any termination rightenjoyed by the principal.First combing the rights and obligations of the principal tothe intermediary contract, and then combined with the typed results under differenttypes of the intermediary on the rights and obligations of the method of comparativeanalysis, summarized and intermediary contract about the general rules of the rightsand obligations of the principal and intermediary contract special rules apply to aspecific type.The fourth party is The rights and obligations of the intermediary.This chapter fromthe perspective of the intermediary’s rights and obligations, Includes the honestlyreporting obligations, diligence obligation, collateral obligation, and the intermediaryany termination right, etc.First intermediary in the intermediary contract which enjoysthe rights and obligations of the generality of the comb, and then combined with thetyped results for different types of intermediary the particularity of the rights andduties of the comparative analysis, summarized in the intermediary contract wherebythe intermediary presents the general rules and apply to the rights and obligations ofspecific types of special rules that the intermediary’s rights and obligations under thecontract.