Comparison Of Civil Law And Common Law Of Agency System

The agency system is of long standing and well established and its theory is quite abstruse. Both the countries of continental law system and those of Anglo-American law system classify it as an important legal system into the civil and commercial law. With the blending of the legal culture of various countries and the emergence of the interregional conflict of law in our country, how to absorb and use the experience of the excellent achievements in the two agency systems of the two law systems for reference has become a task we must make a careful study into.By adopting the method of comparative analysis and taking the agency theories of two law systems as a standpoint, this article focuses on the status quo of legislation in mainland China and the core of the agency system of the authority of agent. It also analyses the systems of direct and indirect representation in the continental law system, at the basis of the theory of agency and the system design in the continental law system. Besides, comments are made on the legislative practice of our country and at the same time the concept of agency is put forth of the continental law system. What is more, on the basis of the theory of identity, this article distinguishes the agencies of disclosed principal and undisclosed principal of the Anglo-American law system, so as to clear the confusion in understanding the concept of undisclosed principal in the circles of civil law of our country, and interpret the relationship between undisclosed principal and commission system. At last, the article researches into the apparent representation system (incontestable agency) and ratification system of two law systems, judges their advantages and disadvantages and raises suggestions for perfecting our country's agency system from the perspectives of its substantive rule and rule of conflict.