What is a commission contract and what is an entrustment contract

Entrustment contract, also known as "appointment contract". It refers to an agreement in which the trustee handles the entrusted affairs for the client in the name and expense of the client, and the client pays the remuneration according to the contract. The restrictions on entrustment contracts vary from civil law to civil law.

According to the laws of most countries, the subject matter of the entrustment contract includes both legal and non-legal affairs; The content of the contract can be paid or free. The theory and practice of civil law in China believe that the subject matter of the entrustment contract is limited to legal acts, and it is the basis for the occurrence of entrustment.

Therefore, the consequences of the legal acts committed by the trustee and a third party within the scope of the entrustment authority shall be borne entirely by the client. [1]

Its characteristics are: the entrustment contract is a typical labor contract; The trustee shall handle the entrusted affairs at the settlor's expense; The entrustment contract is personal in nature and is premised on mutual trust between the parties; The entrustment contract can be either a paid contract or a gratuitous contract; The entrustment contract is a promised and two-way contract. The entrustment contract, also known as the appointment contract, refers to the contract in which the principal and the trustee agree that the trustee will handle the entrusted affairs.

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.

The so-called entrustment contract means that Party A entrusts Party B to do some things or do some projects, and Party A and Party B are bound by the contract.

What is an entrustment contract, and the entrustment contract is entrusted by a third party.

An entrustment contract is a contract in which the principal and the trustee agree that the trustee will handle the affairs of the principal.

Legal basis: Article 919 of the Civil Code of the People's Republic of China is a contract between the principal and the trustee and the sen, and the trustee shall handle the affairs of the client.

Article 920 of the Civil Code of the People's Republic of China: The client may specifically entrust the trustee to handle one or more affairs, or may entrust the trustee to handle all affairs in general.

Article 922 of the Civil Law Bureau of the People's Republic of China: The trustee shall handle the entrusted affairs in accordance with the instructions of the client. Where it is necessary to change the client's instructions, the client's consent shall be obtained; Where it is difficult to contact the client due to the urgency of the situation, the trustee shall properly handle the entrusted affairs, but shall promptly report the situation to the client afterwards.

Legal analysis: The entrustment and defect search are both contracts agreed by the client and the trustee that the trustee will handle the affairs of the client.

Legal basis: Civil Code of the People's Republic of China

The ninth volt is one hundred and nineteen.

The entrustment contract is a contract that entrusts the initiator and the trustee to agree that the trustee will handle the affairs of the principal.

Legal analysis: The entrustment contract refers to the agreement that the entrusted partner handles the entrusted affairs for the client in the name and expense of the client, and the client pays the remuneration according to the contract. The theory and practice of civil law in China believe that:

The subject matter of the entrustment contract is limited to legal acts, which is the basis for the occurrence of entrustment, so the consequences of the legal acts committed by the trustee and a third party within the authority of the entrustment shall be borne entirely by the principal.

The entrustment contract has the following characteristics:

Clause. 1. The entrustment contract is a typical labor contract;

Clause. 2. The trustee shall handle the entrusted affairs at the client's expense;

Clause. 3. The entrustment contract is personal in nature and is premised on mutual trust between the parties;

Clause. 4. The entrustment contract can be either a paid contract or a gratuitous contract;

Clause. 5. The entrustment contract is a promise and a two-way contract.

The settlor may specifically entrust the trustee to handle one or more affairs, or may entrust the trustee to handle all affairs in general.

Legal basis: Hongzhihuai of the Civil Code of the People's Republic of China.

Article 919:An entrustment contract is a contract in which the client and the trustee agree that the trustee will handle the client's affairs.

Article 920:The client may specifically entrust the trustee to handle one or more affairs, and may also entrust the trustee to handle all affairs in general.

Article 921: The client shall pay in advance the costs of handling the entrusted affairs. The Trustee shall repay the necessary expenses advanced by the Trustee for the handling of the entrusted affairs and pay interest.

It is not uncommon to entrust affairs in life, entrusting others to help you buy and sell houses, entrusting others to help with the approval procedures of Tangerine Leniency, entrusting others to carry out business activities, etc. The settlor may entrust the trustee to handle one or more affairs in particular, or entrust the trustee to handle all affairs in general.

Article 919 of the Civil Code stipulates that an entrustment contract is a contract agreed between the principal and the trustee that the trustee will handle the affairs of the principal. The express agreement of the entrustment contract will facilitate the trustee to handle the entrustment matters and protect the relevant rights and interests of the principal. There are several items in the entrustment contract that need special attention.

First of all, it is necessary to clearly agree on the entrustment matters. If there is no prohibition in the law, it is free, and all aspects of life can be entrusted, as long as it does not violate the mandatory provisions of laws and regulations, and does not violate public order and good customs. The matters to be entrusted must be clear, concrete, and feasible.

The second is the agreement to sub-entrust. The client can request whether the trustee can be delegated according to the needs (that is, you entrust someone else to handle the matter, and the other party entrusts the matter to a third party to handle it). The Civil Code stipulates that the trustee shall personally handle the entrusted affairs, and the trustee can only carry out the sub-entrustment with the consent of the client, except where the trustee needs to sub-entrust in order to protect the interests of the client in an emergency.

Then there is the authority of the trustee. Article 924 of the Civil Code stipulates that the trustee shall, in accordance with the requirements of the client, report on the handling of the entrusted affairs. When the entrustment contract is terminated, the trustee shall report the results of the entrusted affairs.

The trustee should handle the affairs in strict accordance with the requirements of the client, and cannot exceed the relevant authority, because if the relevant authority is exceeded and the client causes losses, the trustee is likely to be liable for compensation.

Finally, there is the confidentiality clause. Since the trustee helps the client to deal with affairs, he will inevitably know a lot of the client's information or various business secrets in the process, and it is important to keep the information confidential; In addition to relevant information, the progress and final outcome of the transaction also need to be kept confidential, which is very important information in business.

The relevant content of the entrustment contract is specified in detail in the contract section of the Civil Code, and specific problems encountered in practice can be viewed here. By entrusting the parties, the parties' ability to handle affairs can be greatly extended, and it will also enrich economic and social life.

The entrustment contract refers to the contract in which the trustee handles the entrusted affairs for the client, and the principal pays the agreed remuneration or does not pay the remuneration. The entrustment contract has the following basic characteristics:

1) Mutual trust is the basis for both parties to sign the entrustment contract.

2) The trustee shall engage in entrusted activities within the scope of authorization in accordance with the instructions of the principal.

3) The entrustment contract is signed according to the situation, and the base can be paid or not compensated for selling the mold.

4) The form of the entrustment contract can be oral or written, and in order to enhance the seriousness of the contract, it should generally be in written form.

Legal basis: Article 919 of the Civil Code of the People's Republic of China An entrustment contract is a contract in which the principal and the trustee agree that the trustee will handle the affairs of the client.