The Agent's Duty Of Loyalty

Nowadays,'agent'became more and more important in the market economy. Many people always rely on agent carry into juristic act. However, for agent misuse of authority and break the duty of loyalty to the client can be found everywhere when people rely on the agent. So we should recognize that we need improve the claim to the agent for avoid stand in client's light. Confirm the right and obligation of the agent, and faithful to the benefit of the client. Contrast with the anglo-American lex, the agent system in our country is earlier stage. The regulations of agent's duty of loyalty were not perfect. It will have a special discussion about the agent'duty of loyalty in this article. By discussing the notion, trait and matter of the agent'duty of loyalty, analyse the shortage of lawmaking of our country, table proposal and go into particulars of the redress means when the agent break his duty of loyalty.Chapter one explores the limit of the civil agent'duty of loyalty. The author through the analyse of the agent'duty of loyalty should confirm that the agent could not make self in a conflict situation between own interest and obligation for the client when without throw daylight on information to the client. The agent'duty of loyalty has four features: depend on agent relationship, variety of content, unilateralism and relativity, so the existing reasons of the agent duty of loyalty are: legal agent relationship, clientage, and prevent agent misuse of authority. Chapter two explores the material content of the agent'duty of loyalty. The author brief the rules of other countries'lawmaking and analyse the regulation of the laws, absorb the soul and summing-up the civil agent'duty of loyalty should including: 1.the agent could not make self in a conflict situation between own interest and obligation for the client; 2.the agent should not accept bribery; 3.the agent should not working for two parties; 4.obligation for keepsecret; 5.make the information public. The agent could not make self in a conflict situation between own interest and obligation for the client should be discussed in: 1.agent should not purchase the bid; 2.the agent could not have other business with client; 3.the agent could not get profit from the third party, any profit in this way must be turn in the client; 4.the agent could not trying to obstain profit for self use the property of the client. The obligation of throw daylight on information should be discussed in: 1.throw daylight on information when conclusion of contract by the agent and the client; 2.throw daylight on information when the client depute the agent to conclude contract with the third party.Chapter three explores the civil remedies for the agents violated his duty of loyalty. We know that anyone in the world will be the main material and moral interests of their own, and to meet their needs, agents will inevitably breach of its duty of loyalty. Breach of the legal obligations will inevitably lead to negative consequences, a fact will surely damage requires remedies. Therefore, when an agent in violation of their duty of loyalty, the law not asking them to assume corresponding civil liability, but also require remedy the loss of his own relief. Author will combine this part of agents in violation of the duty of loyalty, agents violated his duty of loyalty to the civil remedies available to be analyzed. Specific form of relief from the following four aspects for exposition. 1.The return of improper benefits; 2.Damages; 3.Request the court to issue restraining orders; 4.Canceling. The author will also use the principle means of relief are also discussed.Chapter four explores the improvement of the Legislation of the agent's duty of loyalty. In this part, the author analyzes the current legislation of the agent's duty of loyalty in China. The analysis indicates that main provisions regulating agency are in The General Rule of The Civil Law and its judicial interpretations. Contract Law commissioned by the relevant provisions of contracts are not applicable to the legal agent. The terminology of duty of loyalty are mentioned nowhere, and even the related concepts are scattered. So the authors consider that in the consideration of the important role of agent's duty of loyalty, we should not rigidly adhere to the traditional legal differences between legal genealogies. We can invite duty of loyalty on the successful experience of agency in the common law to China. We should make an effort on the reorganization of the civilian agents, and establish a system regulating agents in a practicing view of concept, content and relief measures to gradually improve various aspects of the system of agent's duty of loyalty.