Research On The Issues Of Duty Agent

The Civil Code was enacted on March,15th,2017 and contained the duty agent in Act.170,raising questions on the type of agent and the application of duty agent.Duty agent,as it states in Act.170,refers to the type of agent that the behaviors of the staffs in a certain corporation exerts legal bonds between the corporation and the third party.Duty agent are valuable because of the advantage of taking efficiency of commercial activities into account.The aim of the essay is to figure out the exact conception and content of duty agent,on the basis of which maximize the value of function.This thesis will base on the domestic and overseas researches on duty agent and is divided into separate and connective five chapters including four parts of demonstrations on duty agent.Firstly,it will describe the basic content of duty agent including the concept,principles and relations with some analogues.Then,the second chapter will introduce the history of the legislation of duty agent including the previous Act.43 of General Principle of the Civil Law and the current Act.170 of the General Principle of the Civil Code.Moreover,large amount of cases will be included in this part to analyze the issues of applying the previous Act.43 of General Principle of the Civil Law to duty agent.And the third part of the thesis demonstrates duty agent of overseas countries and areas including German,Japan,Swiss and China’s Taiwan from the perspective of comparison.In the last chapter suggestions for the perfections of the duty agent are provided from the perspectives of legislative and judicature practice.