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Indirect Agency System

Posted on:2006-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:X H YuanFull Text:PDF
GTID:2206360155965965Subject:Law
Abstract/Summary:PDF Full Text Request
Because of its named principle indirect agency is not admitted by the continental law system. But with the frequency of economic intercourse in the modern society especially the development of the international trade indirect agency is used more and more widely in the world. However, compared to other aspects of agency system, study on indirect agency is not certain both in theoretical research and systemic construction.On the base of the legal theories of the continental law system, this article discusses the theories in respect of indirect agency by the analytical method from the view of the concept and characters about agency. And then analyzes the economics signification of indirect agency and teases the communication between indirect agency and its related concepts by analyzing the provisions about indirect agency in our country's law system. Finally we get the point that we should perfect the lawmaking acts in respect of indirect agency by the way of combining the characters of indirect agency in the continental law system and the common law system.This article is divided into three parts:In the first part this article first briefly lays out the classifications of agency system in the continental law system and the common law system from the view of the concept and characters about agency. Then it discusses the concept, characteristic of indirect agency and the signification of adopting indirect agency in law. Its another intention is to solve out the communication in indirect agency between the continental law system and the common law system.In the second part comparison and analysis with regard to indirect agency between the continental law system and the common law system are made both in practice and legislation. And it also distinguished indirect agency and related problems. This part sets up the foundation of constructing indirect agency law system in the third part.Starting with the lawmaking of indirect agency in our country, the third part analyzes the provisions in contract law a, general rule of civil law and some acts of foreign trade agency. It points out the deficiency of indirect agency and offers some recommendations on how to ameliorate the legal system of indirect agency under the good conditions that we are making civil law now.
Keywords/Search Tags:Agency, Indirect agency, Unnamed agency, Undisclosed agency
PDF Full Text Request
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