Undisclosed agency is considered anomalous by many and often explained on the basis of commercial convenience. Although some aspects are similar to disclosed agency, the significant differences between them have given rise to rules peculiar to undisclosed agency. The content and basis of some of these rules are uncertain even if they appear reasonable. This paper suggests that the rules relating to the principal‐third party relationship that are peculiar to undisclosed agency can be placed on a stronger doctrinal basis if such rules are understood as contractual terms that are implied in law (mainly). Such analysis is consistent with and supports the broadly accepted rules that govern the relationship between the undisclosed principal and third party, and can provide a useful framework within which to resolve those aspects of the relationship that are uncertain or controversial.

中文翻译：

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未公开代理商中的隐含条款

许多人认为未公开的代理是异常的，并且经常基于商业上的便利进行解释。尽管某些方面类似于公开的代理，但它们之间的重大差异导致出现了未公开代理特有的规则。这些规则中某些规则的内容和基础即使是合理的，也不确定。本文建议，如果将未披露的代理机构特有的与委托方/第三方关系相关的规则理解为法律上（主要是）隐含的合同条款，则可以将其置于更强的理论基础上。此类分析与未公开的委托人与第三方之间的关系所遵循的规则相一致并支持这些规则，