Resarch On The Agent Contract

With the development of modern social and economic activities,agents,as a group of businessmen specializing in commercial agency activities,play an extremely important role in the international community.Enterprises(owners)rely on the professional knowledge,labor force,sales network and management methods of agents to expand their products,save costs and reduce inventory.With the establishment of China's socialist market economy system,the application of commercial agency is more and more extensive,but in our current law,there are no clear legal provisions on "agent" and "agent contract".There are no specific and uniform provisions on the necessary provisions for the formation and entry into force of the contract,the process of performance and the treatment of the remaining issues after termination;our commercial subjects do not know which provisions should be agreed upon when cooperating,or spend a lot of time and energy negotiating the terms before contracting,but miss the trading opportunities.This paper raises questions through a case.In China,the agent contract system has not been widely used,and the law to adjust the agent contract system is not perfect.From the practical point of view,this article takes the improvement of agent contract system as the basic starting point,through the discussion of the theoretical basis and practical application of agent contract,compares the legal relationship of agent contract with similar confusing legal relationship,and compares the foreign legal provisions on agent and agent contract,summarizes the rights of both parties under this contract system.The relationship between benefit and obligation is analyzed in terms of the validity of agency contract,the confirmation of breach of contract,termination and compensation,so as to make a deep analysis of the status quo of agency contract in China,thus demonstrating the necessity of naming agency contract and filling in the "blind spot" of legal adjustment of agency contract system.In practice,most of the judicial organs of similar disputes mainly use the civil agency system to regulate the adjudication of cases,ignoring the unique commercial attributes of the agent contract itself,which results in biased adjudication of cases.Based on the above understanding of the background of the agent contract,this paper combines the theoretical basis of the commercial agency system,adheres to the characteristics of the private law attributes of the commercial agent,and focuses on the content of the agent contract in terms of contract effectiveness,breach of contract recognition and compensation.This paper is mainly divided into four parts.The first part is the introduction,which reflects the current problems faced by the agent contract system in China through a case,thus discussing the background,content and method of this paper,as well as its practical significance.In the second part,starting from theconcept of agent and the content of agent contract,the basic theory of agent contract is interpreted through comparative analysis.This paper focuses on the German Commercial Code and the regulations of agent in Taiwan.By understanding the basic theory of agent and agent contract,it summarizes the provisions of statutory law on the essential clauses of agent contract.Other general provisions on commercial agency and civil agency mainly refer to the research results of Taiwanese scholars in China,and compare the differences between agency contracts and general commercial agency.The third part puts forward the common legal disputes of the agent contract through case retrieval,analyses the essential clauses of the contract through cases,and concludes what rights and obligations the parties have under the contract,so as to grasp the theoretical basis and practical application effect of the agent contract in an all-round way.At the same time,it compares the agency contract system of our country with the general provisions of foreign countries,especially the determination of the validity of the agency contract,the situation of breach of contract,and the treatment after the termination of the contract relationship in the judicial adjudication,which leads to the particularity and necessity of the legal regulation of the agency contract.The fourth part puts forward some ideas to improve the legal system of agent in our country,in order to provide some ideas for the development of agent contract system in our country.Commercial activities are naturally innovative,and the formulation of laws often lags behind transactions,which means that once there are multiple types of transaction patterns in practice,the understanding of relevant model innovation can no longer be limited to traditional legal theory and judicial practice;therefore,it is necessary to conduct a typological study of agency contracts,and the relevant laws,regulations and norms of agency contracts should be studied.The document is revised and improved.With the development of drafting the Civil Code of our country,no matter the legislative style of civil-commercial integration or the separation of civil and commercial,the typical types of contracts are stipulated in the law.For example,the "Civil Code Contract Compilation(Draft Second Review)published in January 2019 incorporates factoring contracts and property service contracts into the typical contracts,and guides the normative society by the way of famous contracts.It must be the general trend to live economically.Previously,many scholars in China have explored the commercial agency from the perspective of the agency contract,covering part of the content of the agent contract,but the pertinence is not strong.In this paper,the research on agency contract is purely from the perspective of contract,and the content of the essential clauses of agency contract is analyzed in detail.By understanding and elaborating the provisions of"agent" in the special chapter of German Commercial Code,the author analyses the special attributes of agency contract from the perspective of the business entity,such as employment agent,commission agent and brokerage agent.To demonstrate the necessity of the nominalization of theagent contract;so that after reading this article,we can systematically understand the agent contract,which can provide a useful reference for the cooperation of commercial subjects,and also provide some help for the possible formation of industry contract model.