The Right To Exercise The Principle Of Endorsement Of A Number Of Legal Issues

Right of endorsement in civil law which originated from Roman law, modern civil law also has special requirements on system of endorsement. However, the right of endorsement has being regulated scattered in different countries. Few books and civil law papers are discuss on right of endorsement nowadays. This makes us unable to get a clearer understanding about this issue. I tried to introduce the legislation on right of endorsement in different countries, then proceed to discuss on three typical cases of the right of endorsement, and its origin of effect, the way which its exercise, and the period of exercising of the right of endorsement, in the hope of get a clearer understating of this issue.The first part is an overview of the right of endorsement which ratifies its concept, nature and type. In the first part, the author compares the right of endorsement between Roman Law period and modern civil law period; In the part of its nature, I propose a viewpoint that the right of endorsement belongs to right of formation through analysis; In the part of its type, I introduce three typical right of endorsement, namely the right of legal representative for a person with qualified civil capacity, the right of legal representative for unauthorized agency in narrow sense and the right of endorsement in unauthorized disposal. The second part is the origin of its effect which I analyzed three types of right of endorsement. the right of legal representative for a person with qualified civil capacity to be "considered" a limited capacity for civil conduct capacity which meant to complement, and ultimately makes the effect of pending legal action which determine the legal effect; The admit activity which send by the person in unauthorized agency in narrow sense and the person in unauthorized disposal is suppose to be a recognition that may arise after the entry into force of the legal effect, in order to this recognition to produce the corresponding effect, this means that the law will "consider" this complement as the right to grant proxy agent and the right to dispose of human complement grant powers, makes the entry into force of the effectiveness of the force of law to be determined complete and become a determining element effective.The third part is the exercise elements of the right of admitting retroactively. This part select two controversial issues in the exercise elements of the right of admitting retroactively, then focus on the right in narrow sense unauthorized agency as well as using this as a template for discussing on the exercise style and duration of legal representative of person with limited capacity for civil conduct. And the oblige of unauthorized disposition. We make a conclusion that the person can make declaration of intention in explicitly or presumption whether he is a legal representative or person in narrow sense unauthorized agency or oblige in unauthorized disposition unless expressly regulated by law or agreement by the parties, or for some transaction habits, the interpellation from counterpart in the deadline setting of legal representative and the person of narrow sense unauthorized agency is consider the counterpart has the right to set the deadline. In the situation which counterpart is not interpellant. The period of the right of admitting retroactively should be limited. In the situation of unauthorized disposition, the law is not regulate the period which the oblige exercise the right; I believe that there is no need for regulation.