| Indirect agent, refers to as my own name and for the calculation of legal acts, the legal effect of the first occurrence of indirect agents, and then transferred to himself by the internal relations of a legal system. Traditional civil law countries and regions indirect agents, legislative style is basically the same, the agent in the Civil Code was adhered to the principle of name, and recognized the significant name of Marxism appropriate mitigation, but is not considered an indirect proxy agent, but the indirect agent of course, the common law is the law of agency to include in the adjustment.Needs to adjust foreign trade agency, Chinese "Contract Law" and to draw the relevant provisions of international conventions, the traditional civil law be modified in the indirect agent. One the one hand,"Contract Law" article402and article403though the provisions of Article controversy caused a relatively large, but the objective is to play a significant positive effect; on the other hand, these two provisions in the theory and practice, these are still some shortcomings. Chinese indirect agent system and the line discipline system overlap between the existing legislation, but also there is a conflict one the application of the law.Two schools of the different legal concepts, leading to indirect agency is concerned about the point of view is different. Civil law countries, legislation based on rationalism, common law countries, legislation based on empiricism. Chinese legislative system agent from the agent to the basis for the concept, diluted the name of the standard, while I focus on the legal consequences of a third person directly responsible for the substance, on this basis, drawing on common law agency and my identity anonymous proxy is not open spirit, including the establishment of direct and indirect proxy agent a complete system, and has maintained the line discipline system as an indirect agent in the system modifications. |
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