| In the online cross-border shopping process,the trustee tend to sign contract for the sale of goods in their own name,resulting in contract disputes in the process,not only can be applied to the "contract law" article 402nd,article 403rd of the indirect agent,but also can apply the "contract law" the twenty-second Chapter contract of commission.The treatment methods of the two are very different from the applicable results,and there are obvious differences.However,the introduction of indirect agents is not only accompanied by persistent disputes,but also leads to the problem of applicable principles in the agency system.There is a violation of the general principles of civil law and the contract law,which is superior to the lower ones,the new ones are superior to the old ones,and the special ones are better than the general ones.And from the perspective of the whole legislative process of contract law,the important purpose of indirect agency in China's Anglo American law system is to solve the problem of foreign trade agency brought about by the development of domestic foreign trade at that time.With the development of social economy,the indirect agency has lost the basis.China's civil and commercial legislation has always followed the tradition of the continental law system led by Germany.According to the nominal standard,we identify the attribution of the legal effect arising from agency,that is,in the name of whom it is a legal act,who will enjoy the rights and obligations.In addition to the trend of civil law,China has adopted the legislative mode of civil commercial law in the revision of contract law,forming a legislative pattern taking commercial contracts as normal and civil contracts as exceptions.Therefore,the principal not to disclose the identity of the case,for the commission rather than indirect agency in order to maximize the embodiment of the autonomy of private law,more conducive to the protection of the interests of the client,the transaction security quickly. |
PDF Full Text Request