مبدأ الأصيل المستتر في الوكالة في القانون الإنكليزي : دراسة تحليلية مقارنة بالقانون العراقي

الملخص EN

The English law puts the doctrine of the undisclosed principal into force, when it allows the agent to act in favour of the principal, without disclosing his or her identity or personality.

Or even without the presence of the principal originally.

Therefore the agent can sue the third party and can be sued by him.

It is worth-bearing in mind that this principle recognizes the principal's right to enforce the contract concluded by the agent of his or her behalf.

Despite the agent's non-disclosure that he acts on behalf of the principal.

It should also be noted that this doctrine contradicts with the doctrine of the privity of the contract, by which only the contracting parties can acquire the rights and be obliged with obligations arising from the contract.

this doctrine allows the undisclosed principal to claim the enforcement of the contract against third parties.

And the agent entitled with the contracting authority concludes the contract in his or her own name, concealing the fact that he is only a deputy of the principal.

It is also worth-mentioning that the third party can sue ,according this doctrine, either the agent or the principal, whoever he wants.

Whereas the Iraqi law included two comparative legal systems, contrasted with the doctrine of the undisclosed principal.

That is to say, the contracting via pen name or Alias, in conformity with the Iraqi civil law No.

(40) of 1951 .

And the false deputization, in accordance with the Iraqi commercial law No.

(30) of 1984.