| Summary: | 碩士 === 東吳大學 === 法律學系 === 106 === Agency is a feature that Civil Law and Common Law systems both share; however, the developments of these two major legal systems are quite different. In the cases of Civil Law, law of agency is based on the theory of separation whereas in those of Common Law, the theory of identity. In Mainland China, Civil Law system is applied. Regarding its law of agency, the related regulations are distinguished strictly by mandate and authority and stipulated in section 2 of chapter 4 of General Principles of the Civil Law and in chapter 3 and chapter 21 of Contract law concerning the validity of contracts and commissioned contracts respectively, before General Provisions of the Civil Law was promulgated on March 15, 2017.
In order to discuss the validity of contract agency, this thesis aims to analyze law of agency via General Provisions of the Civil Law, General Principles of the Civil Law and Contract Law and draw on Legislation Law to clarify the issue of its application and coopetition. In respect to the validity of contract agency of the Contract Law of Mainland China, aside from effective authorized agency contracts, there also exist situations of unauthorized agency and indirect agency. Unauthorized agency can be divided into generalized unauthorized agency and narrow unauthorized agency. The validity and invalidity of the contracts arising from juristic acts of unauthorized agents and indirect agents are the main focus of the thesis. Last but not least, this thesis, through the discussion of differences between the agency across Mainland China and Taiwan and the newly promulgated provisions of agency in Chapter 7 of General Provisions of the Civil Law” Chapter 7, General Principles of the Civil Law and Contract Law, intends to indicate the current deficiency of the legislation in Mainland China and proposes suggestions in hopes of the amelioration of its future Civil Code.
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