Research On The Right Of Intermediary To Claim Compensation

Intermediation contract is one of the fifteen named contracts in contract law.Intermediator's remuneration claim is the core content of intermediation contract system.Compared with general obligatory right claim,intermediator's remuneration claim has the characteristic of externality and uncertainty because of mandator's sign-contract freedom.The contract law focuses on the obligation of intermediator so as to protect mandator's rights.But it ignores mandator's opportunism tendency brought by the uncertainty.So,in practice the phenomenon of "skip agent"often occurs and intermediation disputes increase rapidly.Meanwhile,the lack of theoretical research of intermediation also brings difficulties to these disputes.The first chapter of this thesis gives an overview of intermediation contract.Intermediation contract is a consensual,informal,unilateral and onerous contract.The law of intermediation contract in our country has the problems of too simple clauses,unbalanced rights and obligations between the mandator and the intermediator,etc.The second chapter gives an overview of intermediator's remuneration claim system.Intermediator's remuneration claim is an obligatory right claim and expectant right claim.It has the characteristic of externality and uncertainty.Chapter three to five establishes a legal framework of the acquisition,exercise and elimination of intermediator's remuneration claim.The acquisition of intermediator's remuneration claim has three conditions:the intermediate service,the establishment of the contract and the causal relationship between them.On the exercise of the remuneration claim,medium intermediation can break through the relativity principle of the contract.The intermediator's remuneration claim will not be necessarily eliminated by a valid or a cancelled contract.The sixth chapter discusses the intermediator's remuneration claim in multi-intermediation situation.Multi-intermediation can be divided into multi report intermediation and multi medium intermediation.They are different in the identification of causal relationship and mandator's rights of defense.The identification of causal relationship in multi-intermediation situation depends on the type of the intermediation.When the mandator faces the danger of paying multi-remuneration,he can ask for a discretionary reduce.The seventh chapter introduces a Supreme Court guiding case about a typical occasion in multi-intermediation-"skip agent"and points out its shortcomings.The effect of "No Skipping"clause should be distinguished according to whether it constitutes an exclusive mandatory.The judgement of"skip agent"contains three steps.First,investigate the mode of "skip agent".Second,investigate whether there is a valid exclusive mandatory.Third,investigate whether the mandator uses the intermediator's information and condition.The eighth chapter gives reasonable suggestions of the perfection of intermediator's remuneration claim system from law,industry as well as the intermediator himself.The specific suggestions are reasonably set the disclosure obligation of the mandator and strengthen the role of the industry association,etc.