国际商法agency.ppt

* * Chapter3 Law of Agency Chapter3 Law of Agency 1. Brief Introduction 1.1 Definition 1.2 Basic Theory of Agency 2. Creation and Termination of Agency 2.1 Formation of an Agency 2.2 Capacity of the Parties 2.3 Authority of the Agent 2.4 Creation of Agency 2.5 Termination of Agency 3. Agency Relationships 3.1 Principal-agent Relationship 3.2 Employer-employee Relationship 3.3 Employee-independent Contractor Relationship 4. Case Study 1. Brief Introduction 1.1 Definition Definition--- Agency is a fiduciary relationship created by express or implied contract or by law, in which one party (the agent) may act on behalf of another party (the principal) and bind the other by words or actions. ( by Blacks Law Dictionary, Eighth Edition ) 1.2 Basic Theory of Agency The basic theory of the agency device is to enable a person, through the service of another, to broaden the scope of his activities and to receive the products of anothers efforts, paying such other for what he does but retaining for himself any net benefit resulting from the work performed. 1.3 Classification of Agency(pur to PICC) 1)Agency disclosed显名代理 (ARTICLE2.2.3 ) (1) Where an agent acts within the scope of its authority and the third party knew or ought to have known that the agent was acting as an agent, the acts of the agent shall directly affect the legal relations between the principal and the third party and no legal relation is created between the agent and the third party. (2) However, the acts of the agent shall affect only the relations between the agent and the third party, where the agent with the consent of the principal undertakes to become the party to the contract. 2) Agency undisclosed 隐名代理 (ARTICLE 2.2.4) (1) Where an agent acts within the scope of its authority and the third party neither knew nor ought to have known that the agent was acting as an agent, the acts of the agent shall affect only the relations