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Comparative Study Of The Agency System In The Contract Law Of China And Russia

Posted on:2022-10-10Degree:MasterType:Thesis
Institution:UniversityCandidate:DAMPILON ALINAFull Text:PDF
GTID:2506306317491874Subject:International law
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The agency system that has emerged in modern capitalist society is the product of a highly developed commodity economy.In the current conditions of globalization,economic development and broad economic cooperation between China and Russia,the agency system is one of the main objects of research.Currently,due to the economic recovery in our two countries,businesses are beginning to feel an urgent need for new markets.Russian-Chinese trade and economic cooperation takes a variety of forms:from private trade to the supply of products under intergovernmental agreementsEconomic cooperation with a particular country requires mandatory knowledge of its laws,including current legislation,judicial and arbitration practices,and national legal doctrines.China has not yet studied the topic of the Russian system of agency,and there is very little research on the Chinese system of agency in Russia.Therefore,it is necessary to compare and systematize the theoretical and legal foundations of the current agency system of China and Russia,and this research can be further applied in the practice of foreign economic activity of enterprises in China and RussiaIn addition to the introduction and conclusion,the article is divided into three chapters:The first chapter mainly analyzes the history of the development of civil law in Russia and China,as well as the history of the development of the agency system in our two countries.First of all,we study the formation and development of intermediary and its importance in the social life of China and Russia,and it turns out that intermediary has a long history of development in both countries.Secondly,the formation of the agency system itself in our two countries is analyzed and a regulatory document is determined,for the first time installing this system in China and Russia.Finally,the history of the development of civil law and the history of the development of the agency system of China and Russia are compared and analyzed,and the results of this comparison can roughly understand the main similarities and differences of civil law in China and Russia.Chapter I also establishes that both our countries belong to the continental legal system.In the second chapter,the agency system itself is considered in more detail.On the one hand,the concepts and characteristics of the agency system in the continental and Anglo-American legal systems are compared.The need to compare the agency systems of the continental and Anglo-American legal systems is due to the fact that many concepts of the continental legal system in the field of agency are based on the concepts of the Anglo-American legal system in the field of agency and that sometimes they do not agree in the true interpretation of the two legal systems.On the other hand,a detailed analysis of the norms of agency relations in the legislation of China and Russia is carried out.The third chapter provides a detailed analysis of the agency contract provided for by the legislation of China and Russia.On the one hand,we have analyzed in detail the contract of mandate.On the other hand,based on the analysis of court cases,the main similarities and differences between the agency system of China and Russia are revealed.
Keywords/Search Tags:agency system, agency agreement, contract of mandate
PDF Full Text Request
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