How to determine the gratuitous entrustment contract 20

A gratuitous entrustment contract refers to a contract in which the trustee handles the entrusted affairs for the client, and the client does not pay remuneration.

If there is no agreement in the contract, it is free of charge, but the expenses and interest paid by the trustee due to the entrusted affairs shall be borne by the principal.

The entrustment contract shall be established when the two parties reach an agreement, and the delivery of goods or the actual performance of the parties shall not be regarded as a condition for the formation of the contract. Therefore, the entrustment contract is a promise contract. The entrustment contract is a non-formal contract, and the form of the contract shall be agreed upon by both parties.

The entrustment contract, whether paid or not, is a two-way contract. In a gratuitous entrustment contract, although the principal has no obligation to pay remuneration, it still has other obligations, such as payment of expenses, the result of accepting the entrusted affairs, compensation for losses, etc., and these obligations correspond to the obligations of the trustee. Therefore, a gratuitous entrustment contract is also a bilateral contract.

1. Characteristics of the entrusted civil code.

1. It is based on the mutual trust between the client and the trustee.

The reason why the settlor chooses the trustee to handle the affairs for himself is based on his understanding and trust in the trustee's ability and credibility; The reason why the trustee accepts the entrustment is also out of the confidence that he is willing to serve the client and can complete the entrusted affairs, which is also based on his understanding and trust in the client. Therefore, a commission contract can only take place between specific people who both parties trust each other. Without the mutual trust and willingness of both parties, the entrustment contract relationship cannot be established, and even if the contractual relationship is established, it is difficult to consolidate it.

Therefore, in the entrustment contract, the trustee shall personally handle the entrusted affairs, and cannot entrust others to handle the entrusted affairs without the consent of the principal. At the same time, after the entrustment contract is established, if either party has distrust of the other party, the entrustment contract can be terminated at any time.

2. The subject matter is to deal with entrusted affairs.

The entrustment contract is a contract for the provision of labor services, the subject of which is labor services, and this labor service is embodied in the trustee handling the entrusted affairs for the principal. The scope of the entrusted affairs is not without any restrictions, and the entrusted affairs must be carried out by the principal and must not violate the law or the public interest and social morality.

3. The trustee handles the entrusted affairs in the name and expense of the client.

The Trustee conducts its affairs, except as otherwise provided by law, not in its own name and at its own expense, but at the name and expense of the Principal. Therefore, the consequences of the trustee's handling of the entrusted affairs by the trustee of the entrustment contract are directly borne by the principal. This is an important difference between the entrustment contract and similar contracts such as discipline contracts, contract contracts, and intermediary contracts.

4. The entrustment contract can be paid or unpaid.

The entrustment contract may be a paid contract or a gratuitous contract, and whether the entrustment contract is paid or not shall be agreed upon by both parties. If there is an agreement to receive remuneration, it is a paid contract. If the law does not provide otherwise, and the parties have not agreed to pay the trustee for the remuneration of the contractor, it is a gratuitous contract.

The entrustment contract can be either a gratuitous contract or a paid contract. The parties to the entrustment contract may agree on whether to pay remuneration, and if the entrustment contract stipulates that the principal will not pay remuneration, it is a gratuitous contract. According to Article 919 of the Civil Code, an entrustment contract is a contract agreed between the principal and the trustee that the trustee will handle the affairs of the principal.

Article 929:In the case of an entrustment contract for confiscated property, if the client's losses are caused by the fault of the trustee, the client may request compensation for the losses. In the case of a gratuitous entrustment contract, if the client suffers losses due to the intention or gross negligence of the trustee, the client may request compensation for the losses. Where the trustee exceeds his authority and causes losses to the client, the losses shall be compensated.

Article 919 of the Civil Code provides that an entrustment contract is a contract in which the principal and the trustee agree that the trustee will handle the affairs of the client. Article 929:In a paid entrustment contract, where the client's losses are caused by the trustee's fault, the client may request compensation for the losses. In the case of a gratuitous entrustment contract, if the client suffers losses due to the trustee's intention or gross negligence, the client may request compensation for the losses.

Where the trustee exceeds his authority and causes losses to the client, the losses shall be compensated.