国际商法双语版 代理法ch5 law of Agency.pptVIP

Chapter 5: The Law of Agency Chapter Outline Introduction 张某在国内有一辆汽车，后张某出国定居，于是就委托王某为其销售汽车。 西安的甲想把在天津继承的一处私房卖掉，但他既不知天津房屋买卖的行情，又没有时间去天津处理卖房子的各种事宜。于是，甲把此事委托给天津的乙，乙以代理人的身份，用被代理人甲的名义，在找到了买主丙，乙便在甲的授权范围内负责与丙谈判、签订房屋买卖合同，合同的权利、义务则由谁向丙承担。 What is Agency Definition Parties in agency Internal and external relationships Definition Agency is defined as a fiduciary relationship between two persons in which one (the agent) acts on behalf of, and is subject to the control of, the other (the principal). Parties in agency Agent: person authorized by another to act for or in place of him or her. 代理人 Principal: person who, by agreement or otherwise, authorizes an agent to act on his or her behalf in such a way that the acts of the agent become binding on the principal. 本人 Third party: any person doing business with agent. 第三人 Internal and external relationships Internal relationship: principal-agent (stipulated by contract of authorization, contract of employment, partnership contract) External relationship: independent from internal relationship Formation of Agency Civil law Voluntary agency Statutory agency Common law Express authority Implied authority Agency of necessity Agency by ratification Forming agency in Civil law countries Voluntary agency: formed by the intention of principal Oral Writing Statutory agency: formed by statute Parents are the agent of minors Director is the agent of corporate Express authority Created by the express authorization of principal Most commonly used Writing/oral Example: Alfred is authorized by written agreement to collect rents from a building which Peter owns. For this he is to receive 2 percent of all amounts he collects. Implied authority Words or conducts Facts: A frequently asks B to order from C, and pays the price to C everytime. One day B ordered from C, but A refused to pay by saying that he didn’t authorize B to order this time. Custom and usage waiters in restaurant have certain authority and a customer, unless advised to