The Research Of Agency For An Unnamed Principle And Agency For An Undisclosed Principal

There is no legislative definition of Indirect Representation in Continental Legal System, underwhich Indirect Representation is just a doctrine concept. Domestic General Principles of Civil Law which succeeds the disclosed principal of continental legal system agency, only prescribe direct representation principle. Contract Law issued in 1999 surmounted the traditional theory and principle of co1999 surmounted the traditional theory and principle of continental law system, but used the agency for an unnamed principle and agency for an undisclosed principal for reference from common law and Convention on Agency in the International Sale of Goods which was sketched by International Association for the Unification of Private Law. This law prescribed above agency principle by no.402 and no.403.No.403 clause are commonly accepted.Many scholars consider that agency for an unnamed principle and agency for an undisclosed principal are able to be well used in solving complicated agency problems. Speaking from legal economics angle, the essential reason of partially disclosed principal and agency for an undisclosed principal are able to birth and grow up in Common Law is they are propitious to protect the convenient and cut down the cost of business. Also due to this, it is necessary to establish a suit of principles in particular, in order to rule the bound of application and effective of law.This paper introduced the basic theory of agency, analyzed the partially disclosed principal and agency for an undisclosed principal and domestic indirect agency's connotation under two opposite theories, then pointed out the feasibility and necessary of that domestic indirect agency system refers partially disclosed principal and agency for an undisclosed principal.The paper also analyzed the theoretical foundation of agency for an unnamed principle, deeply studied its liability Principle, the right to intervene and the condition of exertion of right to choose.By opening topic from the substance of agency for an undisclosed principal, and affirmed this system breaks privity of contract by a developing foresight. In the end of this paper, according to external facts, gives a comment and research of introduce, development and consummating of agency system of Contract Law No.402 and No.403 clauses.