Studies On Contract Of Commission

Contract of commission, a special law in the continental law system, was first made in Middle Ages in Europe and perfected during the English Revolution at the end of 18th century. Thereafter, many countries with continental law system established stipulate contract of commission which has great significance in promoting the social division of specialties, realizing efficiency of large-scale production, saving information cost and reducing expenses of transaction.Being an independent law, contract of commission is different either from contract of mandate, or from agency system and contract of brokerage. Instead of being constituted by one independent contract, it is constituted by two: contract of mandate and business contract; the establishment of contract of commission requires not only important documents for common contract, but also special important document; it has both inward effect and outward effect.Although contract of commission has been established in our country, its realistic requirements has been neglected and the right of intervene of principals and option of the third party not stipulated clearly under the influence of relative theory of contract. Therefore ,this paper suggests a new regulation in which the right of intervene of principals and option of the third party is stipulated clearly be added in contract of commission of our country.