As to the exemption clause in an accrediting contract of mandate, its validity shall be ascertained in accordance with the existing contract law of the PRC and in consideration of the balance of contractual rights and obligations and share of contractual risks. 对于委托验资合同的免责条款的效力,应当从我国现行合同立法的规定和合同权利义务以及风险分配的合理性两个方面出发加以认定。
On the Legal trait of contract of auction by mandate 论委托拍卖合同的法律特性
This principle is applied to two relations between contract of guarantee and mandate and primary contract, and that is scope of independent principle. 从定义中我们可以看出独立性原则的适用范围与内容。银行独立担保的当事人是银行与受益人,与银行担保相联系的是申请人与受益人间的基础合同和申请人与受益人间的委托合同。
It is a key to connect trust and contract. There are differences and relations between trust contract and contract of commission, contract of mediate and contract of mandate which have already existed in present Contract Law. 它是连接信托与合同的重要桥梁,与合同法中既有的行纪合同、居间合同、委托合同存在着一定的区别和联系。