合同法英文版八

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合同法英文版（八）

　　Article 403 When an agent concludes a contract in his/her own name with a third party, and the third party does not know the proxy relationship between the agent and

合同法英文版（八）

　　principal, and if the agent does not perform the obligation in respect of the principal due to causes of the third party, the agent shall disclose the third party to the

　　principal. The principal hence may exercise the agent's rights against the third party, except that the third party will not conclude the contract with the agent if he knows

　　the principal at the time of concluding the contract.

　　If the agent does not perform the obligations in respect of the third party due to causes of the principal, the agent shall disclose the principal to the third party. The

　　third party hence may choose the agent or the principal as the counterpart to claim its rights, but the third party may not change the chosen counterpart.

　　Where the principal exercise the agent's rights against the third party, the third party may claim its demur in respect of the agent against the principal. Where the third

　　party chooses the principal as its counterpart, the principal may claim its demur in respect of the agent as well as the demur of the agent in respect of the third party

　　against the third party.

　　Article 404 The agent shall hand over to the principal the property obtained from handling the entrusted matters.

　　Article 405 When the agent has finished the entrusted matters, the principal shall pay remuneration to it. If, due to causes not attributable to the agent, the commission

　　contract is rescinded or the entrusted matters cannot be finished, the principal shall pay the agent corresponding remuneration. If otherwise agreed upon in the contract,

　　the terms of the contract shall be applied.

　　Article 406 In respect of a non-gratuitous commission contract, where the principal suffers from losses due to the fault of the agent, the principal may claim compensation

　　for the losses. In respect of a gratuitous commission contract, where the principal suffers from losses due to the deliberate intention or gross fault of the agent, the

　　principal may claim compensation for the losses.

　　Where the agent is ultra vires and causes losses to the principal, the agent shall compensate for the losses.

　　Article 407 If, in handling the entrusted matters, the agent suffers from losses due to causes not attributable to its own, the agent may request the principal to compensate

　　for the losses.

　　Article 408 With the consent of the agent, the principal may entrust a third party other than the agent to handle the entrusted matters. In respect of losses thus incurred

　　to the agent, the agent may request the principal to compensate for the losses.

　　Article 409 Where two or more agents jointly handle the entrusted matters, they shall assume joint and several liabilities to the principal.

　　Article 410 The principal or agent may rescind the commission contract at any time. The party who causes losses to the other party Due to the rescission of the commission

　　contract shall, compensate for the losses, except for causes not attributable to the said party.

　　Article 411 A commission contract shall be terminated when the decease of the principal or agent occurs, or the principal or agent loses civil capacity of conduct or goes

　　into bankrupcy, except as otherwise agreed upon by the parties in the contract or except that it is inappropriate to terminate the contract according to the characters of

　　the entrusted matters.

　　Article 412 If the termination of a commission contract due to the principal's decease, loss of civil capacity of conduct or bankruptcy will harm the principal's interests,

　　the agent shall continue to handle the entrusted matters before the principal's heir, statutory agent or liquidation group take over these matters.

　　Article 413 If a commission contract is terminated due to the agent's decease, loss of civil capacity of conduct or bankruptcy, the agent's heir, statutory agent or

　　liquidation group shall notify the principal promptly. If the termination of the commission contract will harm the principal's interests, the agent's heir, statutory agent

　　or liquidation group shall take necessary measures before the principal makes appropriate arrangements in dealing with the situation.

　　CHAPTER 22 CONTRACTS FOR BROKERAGE

　　Article 414 A brokerage contract refers to a contract whereby the broker is, in his/her own name, engaged in trade activities for the benefit of the principal, and the

　　principal pays the remuneration.

　　Article 415 The expenses of the broker occurred in handling the entrusted matters shall be borne by the broker except as otherwise agreed upon by the parties in the

　　contract.

　　Article 416 When possessing the entrusted articles, the broker shall keep in appropriate store the said articles.

　　Article 417 If the entrusted articles have defects or are perishable or deteriorative when they are delivered to the broker, the broker may dispose of these articles with

　　the consent of the principal. Where the principal cannot be contacted in time, the broker may dispose of these articles in a reasonable manner.

　　Article 418 Where the broker sells at a lower price or buys at a higher price than the price fixed by the principal, consent shall be obtained from the principal. Without

　　the principal's consent, the transaction shall be effective to the principal if the broker makes up the price difference.

　　Where the broker sells at a higher price or buys at a lower price than the price fixed by the principal, remuneration may be raised according to the terms of the contract.

　　Where there is no such agreement in the contract or such agreement is unclear, nor can it be determined according to the provisions of Article 61 of this Law, the benefits

　　shall belong to the principal.

　　Where the principal has special instructions on price, the broker may not buy or sell violating these instructions.

　　Article 419 When selling or buying commodities of market fixed price, the broker may act as a buyer or seller, unless the principal expresses oppositely.

　　The broker may still request the principal under the circumstances stipulated in the preceding paragraph to pay the remuneration.

　　Article 420 Where the broker buys in the entrusted articles according to the terms of the contract, the principal shall accept the said articles in time. If, after the

　　broker's urging with a notice, the principal refuses to accept the articles without justified reasons, the broker may deposit the entrusted articles according to the

　　provisions of Article 101 of this Law.

　　If the entrusted articles cannot be sold out or the principal revokes the sale, and the principal does not take back or dispose of the goods after the broker's urging with a

　　notice, the broker may have the entrusted articles deposited according to the provisions of Article 101 of this law.

　　Article 421 Where a contract is concluded between a broker and a third party, the broker shall directly have the rights and assume obligations under the contract.

　　If the third party fails in performing its obligations and causes losses to the principal, the broker shall be liable for damages, except as otherwise agreed upon by the

　　parties.

　　Article 422 The principal shall pay to the broker corresponding remuneration when the broker has finished the whole or part of the entrusted matters. Where the principal

　　fails to pay the remuneration in due time, the broker shall have the right to lien on the entrusted articles, except as otherwise agreed upon by the parties.

　　Article 423 Matters not addressed in this Chapter shall apply the relevant provisions governing commission contracts.

　　CHAPTER 23 CONTRACTS FOR INTERMEDIATION

　　Article 424 An intermediation contract refers to a contract whereby the intermediator reports to the principal the opportunity for concluding a contract or provides

　　intermediate service for concluding a contract, and the principal pays the remuneration.

　　Article 425 The intermediator shall report truthfully to the principal the matters related to the conclusion of a contract.

　　Where the intermediator intentionally conceals the important facts relating to the conclusion of the contract or provides false information and harms the interests of the

　　principal, the said party may not claim the payment of remuneration and shall be liable for damages.

　　Article 426 The principal shall pay the intermediator remuneration according to the terms of the contract if the intermediator has facilitated the establishment of the

　　contract. Where there is no such agreement in the contract on remuneration or such agreement is unclear, nor can it be determined according to the provisions of Article 61

　　of this Law, the remuneration shall be determined reasonably according to the service rendered by the intermediator. If the establishment of a contract has been facilitated

　　by the intermediate service rendered by the intermediator, the remuneration shall be borne equally by the parties to the contract.

　　Where the intermediator has facilitated the conclusion of the contract, the expenses for the intermediate service shall be borne by the intermediator.

　　Article 427 Where the intermediator fails in facilitating the conclusion of a contract, the intermediator may not request for the payment of remuneration, but may request

　　the principal to pay the necessary expenses for the intermediate service.

　　Article 428 This Law shall come into force as of October 1st, 1999. The Economic Contract Law of the People's Republic of China, the Law of the People's Republic of China on

　　Economic Contracts Involving Foreign Interests and the Law of the People's Republic of China on Technology Contracts shall be invalidated simultaneously.

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