Research On The Issue Of The Agency For An Unnamed Principal In The Course Of International Trade

Research on the Issue of the Agency for an Unnamed principal in the course of International TradeWith the speedy development of Chinese foreign trade, the agency for an unnamed principal in the course of international trade urgently needs to be specified. The provisional rules on foreign trade agency system which is promulgated by the ministry of foreign economic relations and trade on August 29th, 1991 and the contract law of the People's Republic of China which is adopted by the national people's congress on March 15th, 1999 both stipulate the issue of the agency for an unnamed principal, but the stipulations are only constrained with the measures to be taken in practice and are lack in the clear legal spec i f ication related to the agency for an unnamed principal.Under this conditions, this article first briefly analyzes the development and historic value of the agency system and states the agency system in different countries, then points out the historic trend that the worldwide law system are becoming mixed gradually and the necessary to improve Chinese agency system. Furthermore, the article introduces respectively the concepts, classifications and principle of blame in Continental Law System, Common Law System and the agency system in china. Through the analysis, the article explains their differences and connections and states in details the origin, legal connotation and main characteristics of the agency for an unnamed principal, analyzes the relationship between the agency for an unnamed principal and the agency for an undisclosed principal and entrustment so as to state the basic legal theory and realistic significance. Besides, the article analyzes several concepts and theprinciple of blame of the agency for an unnamed principal in china, states the differences and connections between the agency for an unnamed principal and foreign trade agency system, commission and broker. Finally, through the cases in legal practice, the author analyzes the problem on the agency for an unnamed principal existing in international sale of goods, international transportation of goods and international service trade. The author then points out the defects of the agency for an unnamed principal in Chinese foreign trade and proposes the suggestion of legislation on Chinese agency law system.