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合同法英文版（八）
隨著(zhù)時(shí)間的推移，能夠利用到合同的場(chǎng)合越來(lái)越多，簽訂合同可以明確雙方當事人的權利和義務(wù)。相信很多朋友都對擬合同感到非�？鄲腊�，以下是小編為大家收集的合同法英文版（八），歡迎閱讀，希望大家能夠喜歡。
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
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 agents 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 agents 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contract is rescinded or the entrusted matters cannot be finished, the principal shall pay the agent corresponding remuneration.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 principals decease, loss of civil capacity of conduct or bankruptcy will harm the principals interests,
the agent shall continue to handle the entrusted matters before the principals heir, statutory agent or liquidation group take over these matters.
Article 413 If a commission contract is terminated due to the agents decease, loss of civil capacity of conduct or bankruptcy, the agents heir, statutory agent or
liquidation group shall notify the principal promptly. If the termination of the commission contract will harm the principals interests, the agents 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 principals 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
brokers 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 brokers 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 Peoples Republic of China, the Law of the Peoples Republic of China on
Economic Contracts Involving Foreign Interests and the Law of the Peoples Republic of China on Technology Contracts shall be invalidated simultaneously.
解析
這部分法律條文主要涉及委托合同、經(jīng)紀合同及居間合同的規定。
在委托合同方面，明確了代理人在不同情形下的責任與權利。如代理人以自己名義與第三人簽約，第三人不知代理關(guān)系時(shí)，因第三人原因不履行對委托人義務(wù)，代理人披露后委托人可行使代理人權利，但有特定例外；因委托人原因致代理人不履行對第三人義務(wù)，代理人披露后第三人可選擇代理人或委托人主張權利且不得變更。同時(shí)規定了代理人交付財產(chǎn)、獲得報酬、賠償損失等責任，以及委托人變更處理人、合同解除與終止等相關(guān)規則。
經(jīng)紀合同中，規定經(jīng)紀人以自己名義為委托人從事貿易活動(dòng)并獲取報酬。經(jīng)紀人處理委托事務(wù)的費用原則上自行承擔，對委托物品應妥善保管，處理有缺陷等物品需委托人同意或合理處置。在價(jià)格方面，經(jīng)紀人需遵循委托人指示，特殊情況有相應規定。委托人應及時(shí)接受委托物品，否則經(jīng)紀人可提存。經(jīng)紀人與第三人簽約，直接享有權利承擔義務(wù)，若第三人違約致委托人損失，經(jīng)紀人承擔賠償責任，委托人應支付報酬。
居間合同里，居間人向委托人報告訂立合同機會(huì )或提供訂立合同媒介服務(wù)，委托人支付報酬。居間人應如實(shí)報告，故意隱瞞或提供虛假信息損害委托人利益，不得要求報酬并應賠償。委托人應按約支付報酬，無(wú)約定或約定不明則合理確定，居間促成合同成立，費用由居間人承擔，未促成則可請求必要費用。該法律自1999年10月1日起施行，同時(shí)廢止三部相關(guān)法律。
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