Research On Agency System Of Principles Of International Commercial Contracts2004

Agency system is the product of market-oriented economic development to a certain stage. It solves trading difficulties, which are caused by the restrictions of taking care of every single thing personally in trading activities. It also extends the activity of the market entity greatly and reduces the transaction cost. At present, the range of agency activities is no longer limited to one country or one field. It extends to every aspect of international society. Agent system has played an important role at home and abroad, which has become a tool for trading activities and an indispensable means for social interaction. With the development of market-oriented economy, agent system is bound to a breakthrough in a larger range, a broader field and a higher level.Agency activities must be adjusted by the unified international regulations, because they have broken through a country regional restriction. The agency system in Principles of International Commercial Contracts2004(PICC2004) is the new content on the basis of revising Principles of International Commercial Contract1994in order to adapt the development of the international economic activities. Principles of International Commercial Contracts, which was promulgated in1994, don’t require agent system. But with the development of agency activities in breadth and depth, the rule makers realize the problem is imminent. They gather organizations, experts and scholars to discuss this problem and to make agency rules that adapt to international business transactions requirements. The agency rules have important theoretical and realistic significance. PICC2004, which exists by the form of Model Law, unified rules and the way of international restatement, is bound to benefit the popularity and development of its agent system in the international society.This paper focuses on the new agency terms in PICC2004. And it illustrates the same question from different aspects by integrating and analyzing the related provisions, by studying different scholars’respective opinions about the related provisions, by comparing the same points and different points with our existing agency regulations, in order to improve our agenvy system. This paper is divided into3parts.The first part introduces the basic problems about agency in PICC2004, including internal relations and external relations of agency; the production, definition, range and termination of authority; the range of agent’s acts; a kind of classified situation-disclosed agency and undisclosed agency.The second part introduces unauthorized agency in PICC2004, including agent acting without or exceeding its authority and the rights of all the parties in this agent acting; the legal effect of this agent acting. In addition, the second part also introduces implied agency, i.e. legal basis and the basis of trust.The third part introduces conflict of interests and sub-agency in PICC2004. Conflict of interests mainly introduces the type of conflict of interests and effect of the law. Sub-agency mainly refers to the characteristics of agency and the authority to appoint subagents.