Research On Legal System Of Inter Commerce Agency

After systematic analysis and narration of the main content of the legal system of the international commercial agency,we bring forward ,with the comparative research method ,the legislation advice on how to strengthen the current foreign trade agency legislation and how to make the foreign trade agency system compatiable with the international practice after we enter WTO. The essay consists of 3 sections: preface,body and conclusion. The body analyzes and narrates in four aspects.The first aspect deals with the concept concerning with the international commercial agency and gives a brief introduction of the history of the international agency law.The second aspect gives a detailed narration of the rights and obligations between the parties of the international commerce ageney ie,the rights and obligations between principal and agent and also the rights and obligations between principal and the third party ,in other words,the internal and external rights and obligations.We lay emphasis on the duties of the principal and agent in the internal relationship .In narrating the external relationship, we analyze the criteria in how the two Legal Family establish the legal reltionship between the principal or agent with the third party ,and then narrate mainly on the differences and similarites of the legal effects the two Legal Family have established in the situation that the agent act without power .The third aspect analyzes the most important systematically the substantial law of the internationl agency: The Convention on Agency in the International Sale of Goods. Firstly,we deal with general principle,legislation,structure and application scope . Secondly we give the legislation on the legal effect in the international commercial agency including the agency binding only the principal and third party ,the agency binding only the agent and the third party ,the agency without the name of the principal, the agency without power and the agency beyond the scope of power.Last ,after researching the character in the Convention and the Two Legal System,we give how the Convention planted and referred the two Legal System and comment on the role the Convention has played in the unification in the system of the international sales ofgoods.The fourth aspect analyzes the development of the foreign trade agency system in our country in the matrical and economical situation that we have entered WTO.We evaluate the direction and trend of our foreign trade agency system ,comment on the theoretical defects in our current foreign trade agency legislation and advantages or disadvantages of the rules in Contract Law of PRC ,finally,we put forward the legislation proposal that we should consummate our foreign trade agenct system in the new circumstances.