Coagents’ Jointly And Severally Liability For The Principal

There are a lot of controversy on the agency act and liability of coagents in the judicial practice.Infact,thecoagents who bear joint and several liability have its profound theoretical basis.The theoretical basis is that agent shall undertake liability for the principal because of not performing its obiligation to the principle.Theobiligation is based on the basic contract.Coagent bear the common contractual obiligations which are at the same level.When defining the coagency,it shall be different from plural agency and collective agency.Coagency refers to there are several agents and they exercise only one proxy. It emphasizes the uniqueness of the proxy. In the current law in our country, due to adopting the traditional civil law theory of the agent,it shall distinguish the name when coagents use to be engaged in the agent act,when applying the law to confirm the liability of coagents.Whencoagents are engaged in the legal act in the name of the principal,it shall apply the rules about the agency. When coagents are engaged in the legal act in the name of themselves, they shall be regarded as the commission agents in principle and it shall apply the rules about commission.But if there are some state of affairs which are in line which the article 402 and 403 of the“contractlaw”,it shall be apply the two provisions.