Dissertation > Excellent graduate degree dissertation topics show

Research on Uniform Substantive Rules of International Agency

Author: HuangRong
Tutor: ZhaoShengXiang
School: Southwest University of Political Science
Course: International Law
Keywords: Uniform substantive rules Agency system Draw
CLC: D997.1
Type: Master's thesis
Year: 2009
Downloads: 63
Quote: 0
Read: Download Dissertation

Abstract

Agent system with the development of socio-economic relations and gradually developed. Its social function is to expand the space of party autonomy through a proxy behavior, and to accelerate the turnover of the market economy. Due to legal and cultural aspects of the agency system between the different countries within different legal systems, and even the same legal systems very different. Serious impact on international economic development. Has been the conflict rules as the peculiar rules of private international law, regulation between the two law systems in different countries due to the provisions of different legal conflict has played a big role in domestic and foreign scholars depth study of law applicable to the problem of agents. However, the conflict rules, after all, has its limitations, it can not completely eliminate the conflict of laws hinder world economic exchanges. In recent unified entity rules such as \The role also proved their role as much as conflict rules. As we all know, compared to the conflict rules, substantive rules on the settlement of the conflict of laws is more direct, more convenient, and more thorough. Unfortunately, domestic scholars on the role played by the unified entity rule in the proxy but little studied. Based on the rapid development of a unified entity rule worldwide and international civil and commercial agent encountered in the context of globalization, the new situation, I think these unified substantive rules, for comparison, the researchers will undoubtedly our agency system and legislation to help. This article is conceived in this understanding. In this paper, the comparative analysis of the law, the method hermeneutic research method, the agent of the general theory, power of attorney, the exercise of proxy rights and the right agent, agency by estoppel unified entity rule study. Uniform substantive rules, especially in the \To improve our view of China has been in the development of the 1999 \legislation. The paper is divided into five parts: the first part is the general theory of the international agency. This section introduces the basic theory of agency and international agents, as well as the adjustment of international agent two methods: the conflict of laws adjustment method and unified substantive law adjustment method. The main part of the discussion below basic bedding. The second part was the the unified substantive rules of the relevant power of attorney. Detail the scope of the dealership, the termination of the dealership, the abuse of power of attorney and complex agent unified entity rules. Unified entity rule on the scope of the power of attorney emphasized that his agent permission to make a broad understanding that given the implied authority of an agent, allowing the agent for the principal's interests and to take all reasonable means to complete the proxy matters; termination of the power of attorney, unified entity rules vary. I believe that the International Commercial Contracts 2004 \The reasons for the termination of the power of attorney, the differences between the different countries is large, so it should abandon the way of detail to clarify the list of broadly be defined, should generally; uniform substantive rules related to the abuse of power of attorney, I believe that these three The unified entity rule provisions are flawed, then put forward their comments and suggestions; uniform substantive rule states that an agent in the complex agent part, to enjoy the right of appointment of agent implied unless I explicitly rejected. If the agency issues a personal nature or agent reasonably be expected task should be completed by the agent in person, agents do not enjoy this right. The article also mentioned that the provisions of our complex agent, and pointed out that China's legislative defects or deficiencies. The third part is a direct agent and the name of the proxy, undisclosed agent uniform substantive rules. This section first describes a direct agent of unified entity rule, pointed out that the agent must \The agent's name, as long as inferred from the situation at the time the perpetrator is the representative of the agent can be identified as the direct agent pointed to a third person; then post information about the significant names agents and undisclosed agency connotation, legal the unified entity rules of the consequences and the distinction between the two standards parse big plus certain unified entity rules to whether the third person knew or should have known that his agent identity criteria to distinguish the significant name agent and undisclosed agency practices. The fourth part is the indirect agent and does not expose their identity proxy unified entity rule. Uniform substantive rules stipulated when the principal involvement of the right and the third option, and the indirect agent and does not expose my identity agent essential difference, and pointed out that the lack of China's relevant laws and rules. The fifth part of the rules of right or ultra vires agency and the apparent agency's unified entity. The focus of this part of the first is that the introduction of uniform substantive rules about of unauthorized agency accountability and responsibility for the contents of and ratify the right agent. Followed by in-depth analysis focusing on the \

Related Dissertations

CLC: > Political, legal > Legal > International law > Private international law > International Civil
© 2012 www.DissertationTopic.Net Mobile