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【裁判要旨】非订立合同的主体根据合同法第四百零三条第一款规定以所谓委托人身份介入受托人与第三人订立的合同,其先决条件是介入人和所谓受托人之间存在委托关系。没有证据证明订立合同之时委托关系的客观存在和事实可能,仅凭诉讼过程中介入人和所谓受托人双方对委托关系的承认,不足以认定委托关系的成立。委托关系的先决条件不成就,介入合同则不能实现。
The main purpose of the referee The non-contracting entity intervenes in the so-called trustee the contract concluded between the trustee and a third party according to the provisions of the first paragraph of Article 403 of the Contract Law, the precondition being that between the intervening party and the so-called trustee There is a commission relationship. There is no evidence to prove that the objective existence and fact of the commission relationship at the time of conclusion of the contract are probable that recognition of the commission relationship alone by both the intermediary and the so-called trustee during the litigation process is not sufficient to confirm the establishment of the commission relationship. The prerequisites for the commissioned relationship are not fulfilled, and the involvement of the contract can not be achieved.