Both the civil and the common law legal systems have, as a result of their historical development, elaborated different conceptions of the law of agency. Given the existing divergence in approaches and rules relating to agency, the international unification of law in this field, although highly demanded by commercial practice, seems a problematic, but not impossible, task. The decades long efforts of a large number of states, international organisations and individuals to provide uniform rules of international agency law have resulted in the adoption of two conventions, namely, the Hague Convention on the Law Applicable to Agency (1978) aimed at the unification of the conflict rules of agency, and the UNIDROIT Convention on Agency in the International Sale of Goods (1983) which attempts to provide uniform material rules. / This thesis provides a detailed analysis of the uniform rules set out in both agency Conventions. The main purpose of this analysis is to assess the extent to which uniformity is achieved by these Conventions. However, in order to reveal the divergence of approaches between the civil and common law legal systems and define the "conflict areas" of international agency, the present study also contains a comparative survey of material and conflict rules of agency existing in the two systems.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.30310 |
| Date | January 1999 |
| Creators | Kostromov, Alexey V. |
| Contributors | Foster, W. F. (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001740760, proquestno: MQ64286, Theses scanned by UMI/ProQuest. |
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