Die Offenkundigkeit der Stellvertretung

Without the concept of agency, an economy based on the division of labor would not be possible. The Principles of European Contract Law, the Unidroit Principles of International Commercial Contracts and the Draft Common Frame of Reference have each made separate proposals for harmonizing the regulations pertaining to agency. Dominik Moser studies these regulatory models, exploring the extent to which the existence of an agency relationship must be revealed to the other party and the legal consequences of that agency. The author bases his study on the law in Germany, representing the continental European legal tradition, and the law in England, as a representative of the common law. He then compares the proposals for regulations, evaluating them according to their potential to solve practical legal problems while still balancing the interests of all the parties concerned.