Research On The Duty Of Disclosure In Mediate Contract

The mediate contract is a contract that the intermediary provides the client anopportunity to make a contract or the medium service, and the client pays for it. With thedevelopment of economy, intermediary activity is becoming more and more mature. The keyis right and duty in any contract, especially the duty. The mediate contract is a kind ofcontract about information and the duty of disclosure is the most important. Anyone enjoyingsuperiority of information bears the duty of disclosure, whether the intermediary or client.However, the duty of disclosure stipulated in the Contract Law is abstract, and it seldom meetthe needs of the mediate contract. The study is so poor that it shows how intractable theproblem is.Though the analysis of the asymmetric information in the mediate contract, this articleanalyses the essence and its theoretical basis, especially the subject, object, content and legalresponsibility to make a clear system of the duty of disclosure. Apart from the foreword, thearticle includes four parts:The first part is the theoretical basis of disclosure duty in the mediate contract. One ofthe most obvious differences between the mediate contract and other contracts is the bilateralasymmetric information which is the basis and premise of the mediate contract. Both thepossible bilateral moral risk and the principle of good faith require the parties to bear the dutyof disclosure.The second part is the particularity of the disclosure duty in the mediate contract. Themediate contract is not only a pure information service contract but the information matching.On the one hand, it differs from them in the subject, object, content and liability. On the otherhand, it is a part of trust contract, but also different from them.The third part is the constitution of the disclosure duty in the mediate contract.Although different situations make different duty, only the commercial intermediary bears theinquisitional duty, and the others auditing duty. But both of them are restrained by the important matters. As to the client, he bears only the disclosure duty of decline according tothe magnified paraphrase of article425of the Contract Law.The last part is the liability of violation in the mediate contract. According to the article425of the Contract Law, there is a debate about the nature and component of the liability.The author supports that it is liability of breaking contract. If the parties violate this duty, theyshould undertake compensation for damages whether there is fault or slip, damage or not...