Особенности регулирования агентских отношений в Китае (сравнительно-правовой аспект)

Abstract

The article is devoted to the agency agreement, which has become widespread in recent years in the field of ensuring interaction between entrepreneurs of China and Russia. This agreement has the following characteristic features: the onset of legal consequences for the principal as a result of the commission of legal and / or actual actions in his interests by another person; personal participation of the agent in relations with third parties to achieve the goals of the agency agreement; urgent nature; responsibility of the agent for actions performed in the interests of the principal. Such features of the treaty under consideration expand the possibilities of entrepreneurs and other entities that do not have this status, serving as a kind of tool that allows them to delegate part of their powers to others, but to satisfy their own needs, and therefore determine the important role of agency in commercial relations, including when making foreign trade deals. Therefore, the study of the regulation of agency relations in various legal orders seems to be very relevant, and a comparative analysis of the legislation of different countries, in addition to the utilitarian role, can help in determining the ways of further development of domestic law. The article examines the place of the agency agreement among other institutions of representation under the legislation of Russia and China, identifies the prospects for improving Russian legislation, taking into account the Chinese experience.