Is it the responsibility of the bank to find an intermediary to borrow money from the bank and be cheated? 1, it depends. Generally speaking, there is a little responsibility.
2, in the following two cases, the intermediary shall bear the responsibility:
(1) The intermediary knows or should know that the customer is a liar but does not tell you;
(2) The intermediary failed to fulfill the corresponding review obligations. Where a broker intentionally conceals important facts related to the conclusion of a contract or provides false information, which harms the interests of the client, he shall not demand a reminder and shall be liable for damages.
What are the obligations and responsibilities of private lending intermediary companies? Thank you for your answers!
The intermediary of non-governmental lending (non-governmental lending intermediary company) has the function of persuading the lender to lend money to a specific borrower, or persuading the borrower to borrow money from a specific lender, thus prompting the two parties to establish a lending relationship in terms of loan amount, interest rate and term. The bona fide intermediary does not enjoy any substantive rights or undertake any substantive obligations in the private lending relationship.
If the lender is unable to recover the loan due to the malicious behavior of the broker, according to Articles 58 and 6 1 of the General Principles of Civil Law and Articles 52 and 58 of the Contract Law, the broker shall bear corresponding civil liabilities, that is, compensate the lender for the corresponding losses, except that the private loan contract is invalid.
At present, P2P online lending is very popular. From a legal point of view, the online lending platform is an intermediary. Lenders and borrowers form a lending relationship through the online lending platform. Online lending platform providers only provide media services, and the parties require them to bear the guarantee responsibility, but the people do not support it.
If the online loan platform provider explicitly provides guarantee for the loan through the media such as web pages and advertisements, or there is other evidence to prove that the lender requests the online loan platform provider to assume the guarantee responsibility, the people should support it. That is to say, according to the above provisions, if the online lending platform does not explicitly provide guarantee as an intermediary, the online lending platform does not assume the guarantee responsibility.
According to the relevant provisions of Article 424 of People's Republic of China (PRC) Contract Law: "An intermediary contract is a contract in which the intermediary reports the opportunity to conclude a contract to the client or provides media services for concluding a contract, and the client pays the remuneration."
Therefore, the so-called intermediary refers to a system in which the intermediary reports the opportunity to conclude a contract to the client or provides media services for concluding a contract, and the client pays remuneration. Intermediaries are intermediaries who report information opportunities or provide media contacts for clients to conduct civil legal acts with third parties.
Extended data
1. An intermediary contract is a contract in which an intermediary provides intermediary services to the principal. Brokers report opportunities for concluding contracts to customers or provide media services for concluding contracts. Whether the client concludes a contract with a third party has nothing to do with the broker, and the broker is not a party to the contract between the client and the third party.
2. The broker has no right to interfere in the contract between the customer and the third party. The middleman is only responsible for reporting the opportunity to conclude a contract to the client or mediating for the client to sign a contract with a third party, conveying the meaning of both parties and playing the role of a bridge, and has no substantive right to intervene in the contract.
3. Intermediary contract is a two-way, paid and non-concluded contract.