| The rapid economic development and accelerated urbanization have simultaneously promoted the prosperity of the real estate market.Real estate intermediaries have also emerged,and some disputes and legal issues based on intermediary service contracts have emerged.In order to avoid payment of intermediary remuneration,some clients contract privately with the counterparty of the transaction or through other intermediary agencies after the intermediary provides information or media services.The real estate industry internally calls it“jumping order”.Disputes are more common disputes in the real estate intermediary market.The Contract Law of the People ’ s Republic of China(hereinafter referred to as the Contract Law)does not clearly define the concept of “jumping orders”,and the imbalance in the rights and obligations of the parties to the intermediary contract is stipulated in the chapter on intermediary contracts.Although the "Guidance Case No.1" issued by the Supreme People’s Court determines the rules of adjudication under specific circumstances,the court cannot apply all the complicated disputes caused by "jump orders" due to lack of reasoning.The inconsistency of the judicial standards for the "jumping order" disputes determines that such issues cannot be resolved fairly.The law does not clearly regulate the "jumping order" behavior,which has led to continued confusion in the real estate intermediary market.This article searches for cases related to "jumping orders" in the Chinese Judgment Document Network,and sorts out the disputes of "jumping orders" in judicial practice mainly in the following three aspects: the legal nature of "jumping orders" disputes,and the prohibition of "jumping orders" clauses determination of the effectiveness and relief of intermediaries.This article is based on these three controversial issues,using case analysis and literature research methods,based on judicial judgment and academic research to summarize the identification standards and regulatory "jumping orders" suggestions.The confirmation of the nature of the contract is the basis for determining the nature of the "single jump" behavior.The author analyzes the real estate intermediary contracts with different names through guiding cases and different views of scholars and the special attributes of the real estate industry.As long as the content meets the provisions of the intermediary contract,it should be recognized Due to the nature of the intermediary contract,the relevant provisions of the intermediary contract are applicable;due to the flaws in the protection of the intermediary ’ s rights in the“Contract Law” of our country,the client often implements “jumping orders” to avoid the commission payment.This behavior of the client is exercised according to law Right or behavior breach is the most controversial issue.In the analysis of the academia’s determination of the nature of "single jump orders" and the upcoming "Civil Code of the People’s Republic of China"(hereinafter referred to as the "Civil Law Code")Article 965 relates to "single jump orders" and its legal consequences based on the content and the judiciary’s habit of identifying malicious “jumping orders”,the nature of the “jumping orders” is determined to be a breach of the contract by the principal in order to avoid paying intermediary remuneration;It may also be the exercise of an arbitrary right of cancellation,which does not constitute a breach of contract.In order to avoid the client’s "jumping order,the intermediary usually formulates a clause prohibiting "jumping order" in the intermediary contract.Based on the determination of this clause as a formal clause,this article combines with the provisions of the "Contract Law" on the invalidity of the formal clause.The clause prohibiting "jumping orders" is effective in principle.Based on the determination of the validity of the clauses and the determination of breach of contract,the client ’ s responsibility is analyzed.Finally,some legislative recommendations are made on the"bumping orders" that are common in real estate agencies to reduce the occurrence of"bumping orders",So as to better regulate the real estate market order. |
