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I. Structure of Art 2.2.3 I. Structure of Art 2.2.3
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II. Requirements of disclosed agency II. Requirements of disclosed agency
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1. Acting within scope of authority 1. Acting within scope of authority
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2. Publicity 2. Publicity
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III. Consequences of disclosed agency III. Consequences of disclosed agency
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IV. Burden of proof IV. Burden of proof
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Cite
Abstract
This commentary focuses on Article 2.2.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning disclosed agency. Art 2.2.3 stipulates that where an agent acts within the scope of its authority and the third party knew or ought to have known that the agent was acting as an agent, the acts of the agent shall directly affect the legal relations between the principal and the third party and no legal relation is created between the agent and the third party. However, the acts of the agent shall affect only the relations between the agent and the third party, where the agent with the consent of the principal undertakes to become the party to the contract. This commentary discusses the requirements of disclosed agency, the consequences of disclosed agency, and burden of proof relating to the requirements of disclosed agency.
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