《合同法》中间接代理制度评析

Comment on the Indirect Representation in Contract Law

英美法中的不公开本人身份的代理和大陆法中的行纪制度在理论上被认为是大相径庭的制度 ,但在我国新《合同法》中它们却并列存在 ,两者是否会产生冲突为人们所关注。本文得出的结论是 :两者在实践中的互补性很强 。

The undisclosed agency in the common law theoretically differs greatly from the rule of commission agency in the system of civil law. However, these two different rules exist in the new Chinese Contract Law. It is wondered whether these two rules will conflict. In this article, the author draws a conclusion that they have great complementarity for each other, so they won't be conflict between them.