The Validity Of Bilateral Agency In Civil Agent

Bilateral agency is a legal act that agent acts as a deputy for both principal and the relative person to perform juristic acts. Most of the countries have banned bilateral agency, because it contains a conflict of interests and is likely to damage the interests of principal of one party. The current law of mainland China didn’t make provision concerning the effect of bilateral agency, the views on this issue are divided from the practical department to academic circle. The attitude of this paper towards the validity of bilateral agency is undecided through the carding and analysis of the domestic and foreign legislation, theory and judicial practice. This thesis will demonstrate the validity of bilateral agency from the nature of bilateral agency, the objective of agency power and the balance of interests.bilateral agency essentially belongs to unauthorized agency, the provisions of unauthorized agency should be applied to the legal effect of bilateral agency, namely undecided validity.undecided validity conforms to the aim of agency power and legislation, it’s also a more favorable balance of the interests between principal and the relative person. The Supreme People’s court can define the legal effect of bilateral agency to be undecided through judicial interpretation of contract law before the introduction of The Civil Code, thus it could provide legal basis for judicial practice and remedy the legal holes.