间接代理略论

A Study of Indirect Agency

《合同法》的立法过程表明间接代理制度的移植具有很大的偶然性。间接代理在传统民法中具有与直接代理完全不同的特点,两者的制度基础也存在重大差异。从《国际货物销售代理公约》到《欧洲合同法通则》,国际社会对如何融合两大法系的代理制度进行了有益的尝试,但其视角以及融合的方法显然也存在差异。如何看待间接代理制度,显然需要进一步的理论讨论。

The transplant of indirect agency system to China is quite occasional, as it is shown by the legislation process of Contract Law. In the traditional civil law, indirect agency is totally different from direct agency. The systematic foundations of the two are very different as well. From Convention on Agency in the International Sale of Goods to The Principles of European Contract Law, the international society made many constructive attempts in merging the agency system in two legal systems, but their perspective and methods of merging were obviously different. It needs further academic discussions on how to look at indirect agency system.