专业团队

　　第三人不履行义务使委托人受到损害的，委托人可以要求行纪人承担责任吗? 　　行纪合同既有行纪人与委托人之间的委托合同关系，又有行纪人与第三人之间的买卖合同关系;涉及三方主体，即委托人、行纪人、第三人。在行纪人与第三人订立的买卖合同中，行纪人是作为合同一方的当事人为委托人的利益而与第三人订立合同。既然行纪人是合同的当事人，就必须自己直接对合同享有权利承担义务。在从事买卖事务时，不论行纪人是否告诉第三人自己是代理人的身份，或者第三人是否知道委托人的姓名，都不影响行纪人以自己的名义参与的买卖关系的法律效力。由于委托人与第三人之间不产生直接的法律关系，委托人无权对行纪人与第三人之间的买卖关系提出自己的异议。 　　因委托人的违约行为致使行纪人不能履行对第三人的义务时，第三人不得直接对委托人主张损害赔偿，而只能向行纪人主张权利，行纪人也不得以自己没有过错为由而拒绝承担违约责任，行纪人只能先承担责任后，再向委托人行使追偿权。同样的，如果第三人违约，致使行纪人不能履行对委托人的义务的，委托人也不能直接向第三人行使请求权，而只能向行纪人主张权利，行纪人此时也不得以自己无过错为由而拒绝承担自己的责任。行纪人承担责任向委托人履行后，再行使向第三人的追偿权。

If a third party fails to fulfill its obligations and causes damage to the principal, can the principal demand that the agent assume responsibility? The commission contract includes both the commission contract relationship between the commission agent and the principal, as well as the sales contract relationship between the commission agent and a third party; Involving three parties, namely the client, the agent, and a third party. In the sales contract between the agent and a third party, the agent is a party to the contract and enters into a contract with the third party for the benefit of the principal. Since the agent is a party to the contract, they must directly enjoy the rights and obligations of the contract. When engaging in buying and selling affairs, whether or not the broker informs a third party of their identity as an agent, or whether the third party knows the name of the principal, it does not affect the legal validity of the buying and selling relationship in which the broker participates in their own name. As there is no direct legal relationship between the principal and the third party, the principal has no right to raise any objections to the buying and selling relationship between the agent and the third party. When the breach of contract by the principal results in the agent being unable to fulfill its obligations to a third party, the third party shall not directly claim compensation for damages against the principal, but can only claim rights against the agent. The agent shall not refuse to assume liability for breach of contract on the grounds that it is not at fault. The agent can only assume responsibility first and then exercise the right of recovery against the principal. Similarly, if a third party breaches the contract, causing the agent to be unable to fulfill its obligations to the principal, the principal cannot directly exercise the right of claim against the third party, but can only assert its rights against the agent. At this time, the agent cannot refuse to assume its own responsibilities on the grounds that it is not at fault. After fulfilling the responsibility to the principal, the agent shall exercise the right of recourse against a third party.