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在海运业务中,诸如船舶管理人等的代理人在代理活动中未披露本人(法律上的船东或经营人)的情形很常见,可见于租船或其他交易中。代理人代表未披露的本人进行诸多活动。在此类情况下,第三方不知道存在未披露的本人,且与代理人联系。这与隐名代理的情况截然不同。未披露的本人有介入的权利,且有权起诉第三方。一旦第三方得知存在本人,那么第三方可以起诉本人或者代理人。一旦第三方做出了明确的决定,则不能改变主意去起诉另一方。

详细信息请参阅附件。

 

Undisclosed Principal – Risks or Advantages

The scenarios where the agents such as ship managers act without disclosing the principal (legal ship owners or the operators) are very common in maritime business. There are cases of fixing the vessels, or conducting other business. Agents carry out lots of business on behalf of undisclosed principals. In such cases, the third parties have no idea that there was an undisclosed principal and that they are contacting with the agents. This is very different scenario where the issue is only in relation to the unnamed principal. Undisclosed principal has the right to intervene and right to sue the third party. Once the third party has discovered that there is the principal, then they can sue either the principal or the agent. Once the third party has made the decision unequivocally, he cannot change the mind and sue the other.

See attached file: ALCO20170007 Undisclosed Principal – Risks or Advantages.pdf