(1) The meaning of an intermediary contract

An intermediary contract refers to an agreement between the parties that one party accepts the entrustment of the other party and, in accordance with the other party's instructions and requirements, reports to the other party the opportunity to conclude a contract or provides services for the other party. A contract in which the client provides media services and the client pays remuneration. In an intermediary contract, the party who accepts the entrustment to report the opportunity to conclude a contract or provides the transaction medium is the intermediary, and the party who pays the remuneration is the principal.

The client of an intermediary contract can be any citizen or legal person, while the intermediary can only be a legal person or citizen engaged in intermediary business that has been registered and approved by the relevant state agency. Depending on the content of the entrustment accepted by the intermediary, the intermediary business can be a reporting intermediary that only provides contracting opportunities for the principal, or a media intermediary that introduces or provides opportunities for the principal to conclude a contract with a third party (i.e. Responsible for connecting the two parties), it can also be a mediating activity that is a combination of reporting mediating and media mediating.

The so-called reporting of contracting opportunities refers to being entrusted by the client to find people who may enter into contracts with the client, thereby providing opportunities for the client to contract. The so-called contracting medium refers to the introduction of the two parties to conclude a contract, that is, the mediation between the two parties to the transaction, thereby promoting the success of the transaction between the two parties. Although the intermediary is entrusted by the principal to facilitate the transaction for the principal, the intermediary only plays the role of an intermediary in the transaction. It is neither a party nor an agent of the two parties in the transaction, nor does it directly participate in the transaction. negotiation and consultation activities, nor does it act as an intermediary on issues concerning the rights and obligations of both parties to the transaction. In other words, the intermediary only plays an intermediary and intermediary role. In layman's terms, the intermediary is like a matchmaker, who is only responsible for pulling the strings but not guaranteeing success. He is not responsible for whether the man and woman will be happy after marriage.

The principal in the intermediary contract must pay remuneration to the intermediary. The purpose of an intermediary engaging in intermediary activities is to collect remuneration from the principal. Therefore, intermediary contracts are paid.

The intermediary contract is a promise contract. As long as both parties have the same intention, the intermediary contract will be established. In other words, as long as both parties have the same intention, the intermediary has the obligation to mediate according to the instructions of the principal, and once the intermediary's activities achieve results, the principal should pay remuneration to the intermediary. An intermediary contract is a non-essential contract and the parties may adopt oral or written form. If the agreement between the parties is not detailed, they should act in accordance with relevant conventions or the habits formed by the parties in previous cooperation. (2) The difference between an intermediary contract, an entrustment contract, and a commission contract

The intermediary contract is related to, but also different from, an entrustment contract and a commission contract. All three are contracts in which one party is entrusted by the other party to handle certain affairs for the other party, and they are all contracts for the provision of services. The main differences between the three are:

① The intermediary only reports contracting opportunities to the client, or acts as a contracting medium, and does not participate in the rights and obligations between the client and the counterparty; in the entrustment contract, The trustee acts in the name and at the expense of the principal, enters into a contract with a third party on behalf of the principal, participates in and can decide the content of the relationship between the principal and the third party, and the consequences of handling affairs are directly attributed to the principal; in the agency contract , the broker handles transactions for the client in his own name and has a direct relationship of rights and obligations with the third party, and the consequences of handling the affairs are attributed to the client indirectly rather than directly.

②The intermediary in an intermediary contract provides the principal with the opportunity to conclude a contract with a third party, and his behavior itself has no legal significance; the trustee in an entrustment contract handles entrusted affairs according to the requirements of the principal. , the matters handled can be matters of legal significance or matters of non-legal significance; the broker in the brokerage contract engages in specific legal activities such as purchase, sale, consignment, etc. at the request of the client, and the broker is entrusted Transactions can only be legal acts.

③Intermediation contracts are all paid contracts, but the intermediary can only request remuneration after the intermediary result occurs, and can obtain remuneration from both the principal and its counterparty when intermediating for the contracting medium. The agency contract It can be a free contract; although the agency contract is a paid contract, the agency can only obtain remuneration from the client.

④The intermediary has no obligation to transfer the consequences of transaction processing to the client or to report. However, in both the entrustment contract and the agency contract, there is a problem that the client obtains transaction processing results and transaction processing reports. .

Knowledge Points

What is a report broker?

Report intermediary is to provide information to the client. For example, if you want to buy Chinese cabbage, the intermediary tells you that someone in a certain place in the Northeast has more Chinese cabbage and the price is cheaper. This is report intermediary. . The intermediary is an intermediary who helps you contact, find a specific seller, and connects you, just like a dating agency brings men and women together, so that you can conduct direct negotiations and transactions, and explain and persuade both parties. wait.