principal - agent relationship

the law of agency

the law of agency: The law of agency is the body of legal rules and norms concerned with any principal - agent relationship, in which one person (or group) has legal authority to act for another. The law of agency is based on the Latin maxim "Qui facit per alium, facit per se," which means "he who acts through another is deemed in law to do it himself."

Note: Among those researchers who recognize that Oct. 25, 1945, is merely the beginning of the period of military occupation in Taiwan, and that there was no transfer of sovereignty on that date, there is still much confusion regarding the exact role of the ROC in the administration of Taiwan under such an arrangement. With reference to the relevant historical and legal documents, most researchers interpret the role of the ROC as being an "agent" for the Allies.

These researchers have been lead astray by the logic that "the ROC was one of the Allies, and the Allies won the war against Japan" or "the ROC military forces accepted the Japanese surrender on behalf of the Supreme Commander of the Allies," or "the Japanese military officers surrendered to the representatives of the ROC military forces," etc.

However, the key issue in determining legal relationships under the law of occupation is a determination of "Who is the occupying power." In the post-Napoleonic era, that goes back to a determination of "Who is the conqueror."