On Application Of Law To Authority In International Agency

Agency is generally recognized as a concept of law in both Civil Law System and Common Law System. Different legal systems and even different nations in the same legal system may have various cognition and understanding of the concept of agency, which can be attributed to the differences in history and law tradition. With the further development of economic globalization and increasing frequency of international civil and commercial business contacts, there are more and more agency relationships involving foreign factors, and meanwhile, the law conflict over agency authority in international agency has become increasingly obvious. And among the questions involved in the law conflict of international agency, the most important one is the law conflict of agency authority, which is also special among the questions of the law application of agency. And the reason lies in the fact that the agency authority is the intersection between the internal and external relationships of the agency: on one hand, the principal will not be bound with the principles unless the agent is granted the authority, thus the agency authority is connected with the internal agent relationship; on the other hand, agency authority is oriented to the third person, consequently, it is connected with the external relationship. This paper analyzes and compares the law system in countries of Civil Law System and Common Law System as well as law application rules of agency authority regulated by either the law of each country or international conventions. Based on some relevant cases, this paper explores and reflects the law application rules of agency authority and puts forward some proposals to improve the law application rules of agency authority in our own country.This paper consists of three parts. Part 1 is about the agency authority in international agency. And Part 1 is on the reason and embodiment of law conflict over the international agency authority. It introduces international agency authority. Based on the reasons of law conflicts, the author contrasts nations of Civil Law System and those of Common Law System, generates the difference in agency authority system and analyses the appearance of the law conflict over agency authority and the reasons.Part 2 is the application law of agency authority. Oriented to the law conflict over agency authority, this part explains the regulations of application law of agency authority, which are proposed by some typical countries in the two law systems and some relevant international conventions. Furthermore, the regulations of application law are analyzed and contrastedPart 3 is the prospect of the regulations of application law of agency authority in our country. Based on the present agency law system and application law system in our country, some relevant suggestions have been put forward to fill the blank of the present application law of agency authority in our country.