The Comparison And Coordination Of General Principles Of Civil Law And Agency System In Contract Law

The current China indirect agency law,although the name follows the use of indirect agency in continental law system,but in the extension and connotation of the continental law system is far more on the concept of indirect agency is rich,not only including the indirect agency brokerage and agency of freight these so-called civil law,but also contains the indirect proxy type continental law system of foreign trade agency no such.This system of design is chaotic and has caused a series of problems in judicial practice and interpretation.Under the premise of establishing the direct agency,we should coordinate the system through the transformation of the 402 nd,403rd contract law and the establishment of indirect agency in the code of civil law.The responsibility of the unauthorized agent belongs to the strict legal responsibility,and does not take the fault of the agent as the premise of taking responsibility.However,the fault of the agent should be taken into account in determining the scope of the liability of the unauthorized agent.The agent knows the agency lack,should be based on the relative people choose to take responsibility or to compensate the actual performance relative person because I believe the authenticity of the proxy statement and the performance suffered damage the interests of the relative people to legal status in the agency when they should be effective;the agent does not know the agency lack,only compensation should be the relative trust proxy statement has suffered due to the loss of reliance interests,including in vain expenses and lose more favorable opportunity to suffered the loss of reliance liability should be limited by the performance benefits.The job agency has not been clearly defined in our country's legislation.In judicial practice,the "job behavior" is usually replaced once,and it is confused with the apparent agency system.In the construction of the job agency system,the standard of the job behavior should be clearly defined,the protection of the relative person in good faith and the function and authority of the other staff should be clearly defined.