间接代理与行纪的区别

Difference between undisclosed principal and brokerage

中国合同法借鉴了英美法经验,确立了间接代理制度,并且自设立以来倍受争议。在传统民法中,代理以直接代理为原则。间接代理的确立,对传统民法中的代理制度、行纪制度产生了一定的冲击,并且使间接代理与行纪的区分成为了一个比较复杂的问题。关于间接代理与行纪的区分有着很多不同的观点。从理论层面、实务操作层面上,对间接代理的行纪的区别作了探讨。

In the contract law of the People's Republic of China,the experience of the common law is utilized and the undisclosed principal is established and is disputed violently from the beginning.In the traditional civil law the named principal is the main rule.The establishment of the undisclosed principal will bring some effect to the named principal and brokerage of the traditional civil law and make it difficult to distinguish the undisclosed principal from brokerage.There are many views about the difference between the undisclosed principal and brokerage.In this article,the difference between the undisclosed principal and brokerage will be probed on theoretical and practical aspects.