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Research On Indirect Agency System

Posted on:2018-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:J M LiuFull Text:PDF
GTID:2336330515498192Subject:Law
Abstract/Summary:PDF Full Text Request
This thesis consists of 5 parts.The first part through the vesting of the indirect agency for study,then it talks about the meaning and characteristics of the agent,through the introduction of the formation process of indirect agent,Introduce theory viewpoints of scholars of indirect agency system,thinking about the connotation of indirect agent system in China.The second part of the this paper mainly introduces the indirect agency system in France,Germany and Taiwan in our country.And conferred upon the Anglo-American law system and the same function of indirect agency system of undisclosed agency and agency system for an unnamed principal as stipulated in the indirect agent system in CAISG to study and analyze,and compared with the indirect agency system in our country.The third part mainly analyzes the conflict of the connection system in the indirect system,With the internal contradictions in the arbitration law the principle of voluntariness system.As well as the commission system led to the overlap and conflict,we should take this opportunity to formulate the civil code to solve it.The fourth part mainly discusses the constitutive elements of the indirect agency and the legal relationship between the indirect agent who is different from the direct angency,and discusses the scope of application to the indirect agency.It analyzes the necessity of the existence of indirect agency system through the discussion of the legal value of indirect agency.This paper discusses the irrationality of indirect agency in our country,and then studies the introduction of the right to intervene in the overseas law,the rationality of the third party's right of option and the scientificalness of the counterplead right.In the fifth part,the author discusses that when compiling the civil code in the future,we should restore the arrangement of the general rules of the civil law,and set up the indirect agency in the general principles of civil law and explain the reasons.And through the defect problems of the "general principles of civil law" provisions of the indirect agency in the analysis,combined with the first four chapters that what is the indirect agency and specific case,and put forward the next development embodied in the "Civil Code",based on the indirect agency system and rules in the "general principles of civil law" in the remedy the provision of specific recommendations.
Keywords/Search Tags:Indirect agency, Self-entering right, Option, Counterplead right, Direct attribution of legal effect
PDF Full Text Request
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