ПРЕОДОЛЕНИЕ КОНФЛИКТА ИНТЕРЕСОВ В ОТНОШЕНИЯХ ПРЕДСТАВИТЕЛЬСТВА

Abstract

The article considers the issues of legal regulation of overcoming of the conflict of interests in agency relations which could potentially occur when an agent acts as a counterparty of a principal in ordered transaction or when an agent concurrently represents different parties to the transaction (dual representation). The author refers to the review of soft law: UNIDROIT Principles of International Commercial Contracts, Principles of European Contract Law, Model Rules of European Private Law (Draft Common Frame of Reference). The author specifies the ways of overcoming of the conflict of interests in transnational relations between an agent and a principal, between an agent, a principal and a third party, which are inherent in international commercial practice and which are due to the awareness of a principal or a third party about the conflict of interests. The author examines the rules of the Civil Code of Russian Federation on the conflict of interests in agency relations which had been recently changed in connection with the adoption of the Federal law of 7th May 2013 № 100-FZ “On amendments to the subsections 4 and 5 of section I of the first part and the article 1153 of the third part of the Civil Code of Russian Federation”. This article is based on a combination of methods of cognition, which amounted to a systematic and dialectical approach. The author appeals to the general scientific methods (analysis, synthesis, induction, deduction) and to the specially-legal methods of learning: formal-legal, comparative legal, structural and functional. The author concludes about the necessity of the following improving of Russian civil legislation in respect of overcoming of the conflict of interests in agency relations particularly on the base of progressive international practice. The author proposes to define stages and forms of consent of a principal to the actions of an agent in situation of the conflict of interests.