论经销合同中保证金制度-法律专业论文.docxVIP

上海交通大学法律硕士学位论文论经销合同中的保证金制度 上海交通大学法律硕士学位论文 论经销合同中的保证金制度 万方数据 万方数据 然后对其成因作详细分析，包括：从市场的发展需求到保护甲乙双方的 利益；从违约、侵权到客观存在的道德风险；从行为的意定到法定，等 等方面，并力求从厘清该条款在“经销合同”中的含义和功能入手，来 避免签约双方的法律风险。第三部分是对完善经销合同中保证金制度的 法律途径作粗略的探讨，既包括签约双方如何就保证金的性质界定、返 还机制等难题真正达合意，以防患于未然；也包括如何强化经销商的法 律地位以及怎样赋予经销商的权利保护。 关键词:经销合同，保证金，特许经营，代理，经销权 II ON THE GUARANTEE MONEY IN AUTHORIZED DEALER CONTRACT ABSTRACT The authorized dealer contract is the long term co-operational regulation agreement between manufacturer and authorized dealer in the process of marketing development, and getting more and more improved and well-winged as marketing itself betters-up, and widely accepted and applied by large varieties of regions and businesses, its content is endowed with more connotation such as broker ship, agents and charted-dealer-ship, etc. among which, the guarantee money is the most powerful tool for manufacturers to regulate and bind their dealers, reflecting their say rating and ranking during the cooperation, and the connotation and denotation develops and evolutes to a common rule and an indispensable term to authorized dealer contracts. However, we do not have a necessary plat for regulating authorized dealer contracts in current judicial system, and no clearly methods and rules neither, which causes some difficulties in legal practicing but not yet arouse enough attentions in legal academia. Various factors result in the guarantee money policy wildly grows and applied unmonitored, this causes benefit and/or fault/loss for both sides of the contracts, the court cases and the concerned difficulties in recent years calls urgent regulations to this policy. In this assay, the writer has a whole analyzing on authorized dealer contracts and the guarantee money in the first part, illustrate the dissimilarities and commonalities among dealers guarantee money, charted dealer, agents and brokerage margin, based on real cases. The Money serves as an interface III of authorized dealer contracts. the sec