On The Reference Application Of The Brokerage Contract To The Entrustment Contract

With the advent of the knowledge economy and the information age,the contract for brokerage system will play a greater role in the market economy.In the era of knowledge economy and information technology,economic circulation and commodity exchanges will show more professional and complex characteristics,and the investment activities of civil entities in various industries will also become more active.In this context,no matter what type of civil subject is,it is difficult to personally participate in all market economic activities.Therefore,with the help of the behavior of brokers in the brokerage contract,it has become an effective and convenient way for civil entities in various industries to participate in market economic activities,and the brokerage system can Realize economic economies of scale.It can be said that the disciplinary system is a practical and effective legal system.In the "Civil Code of the People's Republic of my country," Chapter 25 has set up a special chapter to stipulate the brokerage contract,and set the brokerage contract as a well-known contract.At the same time,it sets up Article 960 "If there is no provision in this chapter,refer to "Apply the relevant provisions of the entrustment contract",which clarifies that the brokerage contract is applicable to the entrustment contract.In view of the confusion in judicial practice in which the commission contract and the commission contract,the indirect agency and the agency in the commission contract,the first part of this article explains the basic knowledge of the commission contract,and discusses the commission contract,the commission contract,the indirect agency and the commission contract.The agency in the brokerage contract shall be distinguished,and the particularity of the brokerage contract and its economic value shall be clarified.In order to clarify the specific circumstances of the "reference application" stipulated in Article 960,the second and third parts of this article discuss the circumstances under which the brokerage contract should and should not apply,and focus on whether the brokerage contract can be applied.The right of arbitrary termination in the entrustment contract,the right of intervention of the principal and the right of selection by the third party,and the issue of the responsibility of all parties when the contract cannot be established or causes losses.