(请在使用前对文本的时效性进行确认,内容以全国人大、国务院等公报为准)
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。
Article 955
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 relevant 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.
第九百五十六条 行纪人卖出或者买入具有市场定价的商品,除委托人有相反的意思表示外,行纪人自己可以作为买受人或者出卖人。
Article 956
Where a broker buys or sells a commodity which has a market price, unless
otherwise indicated by the client, the broker himself may serve as the buyer or
the seller.
行纪人有前款规定情形的,仍然可以请求委托人支付报酬。
Despite the situation provided in the preceding paragraph, the broker may still
request the client to pay remuneration.
第九百五十七条 行纪人按照约定买入委托物,委托人应当及时受领。经行纪人催告,委托人无正当理由拒绝受领的,行纪人依法可以提存委托物。
Article 957
Where a broker buys a commissioned article in accordance with the contract, the
client shall accept the article in a timely manner. Where, after being demanded
by the broker, the client refuses to accept the article without just cause, the
broker may have the commissioned article placed in escrow in accordance with
law.
委托物不能卖出或者委托人撤回出卖,经行纪人催告,委托人不取回或者不处分该物的,行纪人依法可以提存委托物。
Where a commissioned article cannot be sold or the client withdraws from the
commissioned sale, if the client, after being demanded by the broker, fails to
take back or dispose of the said article, the broker may have the commissioned
article placed in escrow in accordance with law.
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。
Article 958
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.
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(请在使用前对文本的时效性进行确认,内容以全国人大、国务院等公报为准)