Study On The Causality Of The Intermediary Action

The "causality of the intermediary action" means the casual relationship between the intermediary action of the broker and the establishment of the proposed contract. With the promulgation of the "No.1Guiding Case", it has provided guiding opinions for the proceedings of similar cases in all levels of courts, as well as provided large space for the civil law research. However, as a guiding case, it seems to cease at the intuitive level, while ignores the elastic factors behind the arguments. Therefore, where the backgrounds of other cases change, it may be hard for this case to play its guiding value. This dissertation starts from the "No.1Guiding Case", and presents that the core of disposing this sort of cases (i.e. whether the claim for remuneration shall be supported under multi-intermediation) lies in two aspects:first, the ground for the broker to claim for the remuneration, which mainly manifests for the identification of the causality of the intermediary action; second, the relationship between the multi-intermediary actions and its effects for the identification of the causality of each intermediary action. The main contents for each part of this dissertation are as follows:In the first part of this dissertation, the author will introduce the derivation of the research on the causality of the intermediary action. First, this part will analyze the concept and conditions of the right to claim for intermediary remuneration, and points out the concept and significance of the causality of the intermediary action. Then, this part will analyze the "No.1Guiding Case" which aiming at the settlement of "contract-skipping" disputes between clients and brokers in the housing market. The author holds that, in the circumstance of multi-intermediation, two aspects shall be taken into consideration when deciding whether the claim for remuneration shall be supported:first, the ground for the broker to claim for the remuneration, which mainly manifests for the identification of the causality of the intermediary action; second, the relationship between the multi-intermediary actions and its effects for the identification of the causality of each intermediary action.The second part of this dissertation will focus on the first aspect mentioned above, namely, the causality of the intermediary action. This part is to be developed from the following points:the legal principle and judging standards of the causality of the intermediary action, the client’s defenses for the causality, the broker’s protection measures for the causality, and the judiciary’s balance for the interest under the causality.The third part of this dissertation will focus on the second aspect mentioned above, namely, the relationship between the multi-intermediary actions and its effects for the identification of the causality of each intermediary action. The author divided the multi-intermediation into three relationships:completely fungible, partly fungible and non-fungible, and will further discuss the causality recognition under multi-intermediation.