Brokerage Contracts Duty To Inform Research

Mediacy is a kind of old commercial phenomenon. While tracing back to the origin of arbitration, we can even went back to ancient Rome era. With the development of commodity economy, intermediary activities have become more prosperous. In the real economy, intermediary is a bridge of communication with trade, playing an increasingly important role. Meanwhile, a large number of mediacy have non-criterion activities in actual running, such intermediary fails to perform the obligations of declaring the facts, damaging the trustee'property. Therefore, the study of the mediacy legislation, judicial practice and theory, is helpful to regulate intermediary market and protect the interests of the parties involved.The duty of disclosure is a main obligation of the intermediary. However, there still exist some space in theory and practice. Firstly, on legislation, there are only one article in Chinese contract law. It is too simple to be operated. Secondly, in the academic field, there is always in dispute of the duty of disclosure, such as the subject, the object, the degree, the liability undertaking and so on. Thirdly, in trial practice, different courts have different judicative result of case, which refers to the duty of disclosure in the contract of Medias. Studying the duty of disclosure has important significances both in theoretical and practical interest.This article tries to tell the defects on legislation and the problem which produced in trial practice by analyzing the relevant cases, the discussion of the nature and function of the mediate contract and the theoretical basis of the duty of disclosure. I hope it will be helpful to the Chinese contract law perfected, and taken some suggestions to the contract of mediacy in trial practice, for mediacy having more important role in economic construction and information transfer.