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Definition Of Terminology Abuse And Analysis Of Legal Effects

Posted on:2019-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y P RenFull Text:PDF
GTID:2356330566458049Subject:legal
Abstract/Summary:PDF Full Text Request
There is commonality among the abuse of agency,self-contracting and dual agency.That is,conflicts of interests.But the conflict of interests is the precondition of legal premise in the case of self-contracting and dual agency.It may happen that the agent trade with himself on behalf of his principle or of both sides but does not harm the interests of his principle.Acting on their own or on both sides of the agency does not necessarily constitute abuse of proxy rights.The distinction between the internal and external relations between the agent and his principle is an important rule for judging the effectiveness of the legal action acted by the agent who abuse his power.In general,legal actions are effective,and the agent is liable for damages on behalf of his principle based on their internal relation.However,in the case of a malicious relative person,the agent’s obligations based on internal relations should also be restricted to the counterpart.At this time,the agent is equivalent to having no agency power in front of the opposing person,and the effectiveness of the legal act is to be determined by the principle.
Keywords/Search Tags:Abuse of agency, Self-contracting, Dual agency, Unauthorized agency
PDF Full Text Request
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