On The Independence And Uncausation Of The Conferring Act Of Agency

The independence and uncausation of the conferring act of agency is the core issueof the agency system, civil law and common law of their different answers lead todifferent proxy system. In two legal systems, the agency theory is more different thanany other private theory area. Increasingly frequent still,the increasing convergence ofthe tow legal system in international trade, China formulates the Civil Code shouldselect the agent system constructed in the traditional civil law within the framework ofour system, adhere to the power of attorney power of attorney granted independence anduncausation.The independence of the conferring act of agency is the conferring ace of agency isdifferent from the basic relationship.The conferring act of agency is a unilateral legalact; the basic relationship is usually the contract behavior between two parties.Relationship of mutual membership between the different elements as well as the legaleffect of the configuration takes effect. Power of attorney granted independence is notthe product of the law letter in the room, rather stems from the objective reality ofcommercial practice. The conferring act of agency to the distinction and foundationrelations, thus forming the internal system of the agency system, laid the foundation forbuilding the external system of civil law agency system.The uncausation of the conferring act of agency main content of the attorneygranted independence,the basic behavior is not valid,the revocation dose not affect theeffectiveness of power of attorney granted just a corollary of the conferring act ofagency independence. According to the ordinary logic common sense, we deny thevalidity of the conclusions is to deny the objective reality of the conferring act ofagency independence. The conferring act of agency independence as a special legal act,according to the development trend, the conferring act of agency uncausation will beable to promote the convenience of the transaction. The two agency theories, whether on the surface there is much difference, with thein-depth development of international trade, the two agency systems have integrationand convergence trends. International trade agency system for a unified internationaloutlook is very positive.Before reaching a unified opinion in the field of international trade agency, theagency legislation in China is no need to rush the introduction of common law on theagency system, which is difficult to integrate with our statute law tradition, moreover,the Anglo-American agency theory has its contradictions difficult to resolve itself. Tothis end, our country to formulate our Civil Code in future should adhere to theconferring act of agency independence an uncausation. Thus we build our agencyinternal and external agency system, and return to the agency system from the businesspractices as it is, return to the agency system is different from the objective nature of theunderlying relational.