Study On Agency For An Unnamed Principal System

The agent system as the supplement of private autonomy plays an important role in the market economy. In the background of the foreign trade agency, Contract Law in China introduced the Unnamed Principal System derived from the common law and stipulated in article 403 of the commission contract. But because of the difference of legal culture and legal tradition, once the system is introduced, china’s traditional agency system suffered a huge impact. The reason should be the difference of legal tradition.by the discussion on the origin of the system and the comparison of agent system of two law system and to further proof that the system have many problems in our country, we should make the right choice about the system.This article is divided into four parts, the first part expounds the difference about the definition and classification of two law systems and focus on the concept,historical development and specific rules of the Unnamed Principal System.The second part introduces the comparison between Unnamed Principal System and three systems: undisclosed agency,commission system and Unnamed Principal System in china mainly from the concept of the system, historical development and legal relations. To be more deeply understand the system of British and American agent.The third part introduces the dispute of unnamed Principal System in china, the introduction of the system to the impact of the agent system in China are: do not tally with the Chinese legal theory and the principle of contract relativity, and there is little application in practice.The fourth part is the discussion about the necessity of the system in our country, the author demonstrated the necessity of the system by the social reality,legal tradition and system function.