On The Agent For Unidentified Principal

In order to adapt to the development of the economy and to solve the problem of excess liability of agents in China’s foreign trade,the Contract Law of the People’s Republic of China(hereinafter referred to as the "Contract Law")provides for the agent for unidentified principal in Article402 and its comes from the "International Sale of Goods Convention" and British and American agency law.The purpose of legislation and the origin of Article 402,academics have recognized that they are derived from Common Law.But it is undeniable that,there are similar provisions in Civil Law,it is not a unique product of Common Law.This article will be based on the origin of Article 402 as the starting point,on the basis of clarifying its source,accurately define the meaning characteristics and nature of the agent for unidentified principal.At the same time,compare the similarities and differences of the agent for unidentified principal between the two legal systems,analysis of the causes on the basis of value and theoretical basis.On the basis of drawing on the relevant provisions of the two legal systems,we can further analyze the shortcomings of our stipulations and clarify the applicable conditions,applicable conditions and legal consequences of Article 402.On this basis,it is proposed to make the agent for unidentified principal into the "General Principles of Civil Law",and improving its specific provisions.The article is divided into three parts,including the introduction,the text and conclusions.The text includes five parts,the concrete content is introduced as follows:The first part,an overview of the agent for unidentified principal.This section mainly introduces the origin,meaning and nature of the agent the agent for unidentified principal.In the determination of the meaning,based on the analysis of the other provisions of the state,the meaning and characteristics were summarized.At the same time,on the extension of meaning,the agent for unidentified principal,agent for disclosed principal,agent for undisclosed principal,broker was divided.On the cognizance ofnature,through the method of comparative analysis to the domestic scholars on the nature of the "contract law" article 402 of the argument,separately analyzes and points out that the shortcomings of its existence,then compared with the agent of Common Law system,and correct determination of the nature of Article 402.In addition,from efficiency value and fair value aspects two aspects analyzes the private legal value of the agent for unidentified principal.The second part,comparison of the agent for unidentified principal between two legal systems.This part introduces the theoretical basis,the doctrine and the legislation of the Common Law system and the Civil Law system.By comparing the provisions of the two legal systems,the author points out the similarities and differences between the two legal systems on the agent for unidentified principal,and analyzes the different reasons from the theoretical basis and the value orientation.In addition,this paper introduces the two legal systems about the agent for unidentified principal in the international legislation.The third part,analysis of applicable conditions of the agent for unidentified principal.This part mainly analyzes the specific rules stipulated in Article 402 of the Contract Law of our country,and points out the loopholes in the "agent acting in its own name" and puts forward the filling measures.The third person should know what kind of content should be included in the relationship,and at the same time,in the third person is "know" or "should know",discuss the distinction between the third person to "their own name" to implement behavior and the third person " not in their own name nor in my name " to implement the behavior.The fourth part,the application of the agent for unidentified principal.This part mainly introduces the situation of the agent for unidentified principal and the principal and the third person bear legal consequences,and does not constitute the agent for unidentified principal and the agent and the third party bear legal consequences.The fifth part,the improvement of the legislation of the agent forunidentified principal.This part first analyzes the provisions of the "General Principles of Civil Law of the People’s Republic of China " on the agent for unidentified principal,and on this basis,it is suggested that the provisions of the original draft on the agent for unidentified principal should be restored.At the same time,further in the scope of application and the conditions to improve the agent for unidentified principal.