行纪合同(brokerage contract)是行纪人(broker)以自己的名义为委托人从事贸易活动,委托人支付报酬的合同。
行纪人处理委托事务支出的费用,由行纪人负担,但是当事人另有约定的除外。
行纪人占有委托物的,应当妥善保管委托物。
相关法律法规:
《民法典》第九百五十四条:
委托物交付给行纪人时有瑕疵或者容易腐烂、变质的,经委托人同意,行纪人可以处分该物;不能与委托人及时取得联系的,行纪人可以合理处分。
If the commissioned article has a defect at the time when they are delivered to a broker, or if it is perishable, the broker may dispose of the article upon his client’s consent; if the broker is unable to make prompt contact with the client, the broker may dispose of the article in a proper manner.
《民法典》第九百五十五条:
行纪人低于委托人指定的价格卖出或者高于委托人指定的价格买入的,应当经委托人同意;未经委托人同意,行纪人补偿其差额的,该买卖对委托人发生效力。
Where a broker sells an article at a price lower than the price set by the client, or buys an article at a price higher than the price set by the client, the broker shall obtain the consent of the client; where such a deal is made without the consent of the client and the broker makes up for the price difference, the said deal is binding on the client.
行纪人高于委托人指定的价格卖出或者低于委托人指定的价格买入的,可以按照约定增加报酬;没有约定或者约定不明确,依据本法第五百一十条的规定仍不能确定的,该利益属于委托人。
Where a broker sells an article at a price higher than the price set by the client or buys an article at a price lower than the price set by the client, remuneration may be increased in accordance with the agreement. Where there is no such an agreement or the agreement is unclear, if it cannot be determined according to the provisions of Article 510 of this Code, the benefit shall belong to the client.
委托人对价格有特别指示的,行纪人不得违背该指示卖出或者买入。
Where a client has given a special instruction on the price of an article, the broker may not sell or buy it contrary to the said instruction.
《民法典》第九百五十八条:
行纪人与第三人订立合同的,行纪人对该合同直接享有权利、承担义务。
A broker who concludes a contract with a third person shall directly enjoy the rights and assume the obligations under the said contract.
第三人不履行义务致使委托人受到损害的,行纪人应当承担赔偿责任,但是行纪人与委托人另有约定的除外。
Where a third person fails to fulfill the contractual obligation thus causing losses to the client, the broker shall bear the liability for compensation, unless otherwise agreed by the broker and the client.
参考双语例句:
To achieve these objectives, a record number of competitive procurement exercises have been launched: to procure and implement the trade order management system, risk management software, brokerage services, trade execution analysis, investment advisory services, portfolio accounting, custody and independent master record-keeping services.
为实现这些目标,基金开展了次数空前的竞争性采购工作,以采购和执行交易订单管理系统、风险管理软件、经纪服务、交易执行分析、投资咨询服务、组合会计、保管和独立总账管理服务等软件系统。
One of those companies had its registered office in Antigua, but unlike company Y, had the main part of its employees in the United States, where it also carried out its business and maintained its brokerage accounts.
这些公司中的一家公司在安提瓜注册了办事处,但与Y公司不同,其雇员大部分在美国,它也在那里开展业务和保持其经纪账户。