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Research On Applicable Laws Of Foreign-related Commercial Agency

Posted on:2009-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:S XieFull Text:PDF
GTID:2166360242974272Subject:International law
Abstract/Summary:PDF Full Text Request
This article mainly focuses on the settlement of problems involved in the applicable law of foreign-related commercial agency. Based on international legislation and legal practices in many countries, a comparative research method is used to bring forward legislation advices on blank issues of laws in China. It is composed of five parts:Partâ… :The author reasons out the definition of foreign-related commercial agency after the definition of commercial agency ,and introductions of the background, reasons and the appearances of international commercial agency.Partâ…¡:On the basis of analyses of different theories in the continental law system and the common law system, the reasons of the appearance of conflicts in foreign-related commercial agency and its representation are expatiated, which are the precondition of the settlement of the problems involved in the applicable law of foreign-related commercial agency.Partâ…¢:The author pays attention to the unification doctrine and the fragmentation doctrine, discusses various legal theories as well as practices in various countries, and analyzes advantages and disadvantages therefore.Partâ…£:The author introduces Convention on the Law Applicable to Agency, Hague on its background, extension and detailed rules of the choice of governing law in agency, and gives comments accordingly.Partâ…¤:The author reviews the legislation history of commercial agency in China, then analyzes and discusses relevant domestic legal rules, and finally gives some advices on domestic legislation in the applicable law of international commercial agency based upon the fragmentation doctrine.
Keywords/Search Tags:Commercial Agency, Conflict of laws, Applicable Laws of the Foreign-related Agency, The Fragmentation Doctrine
PDF Full Text Request
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