Research On Several Questions About Unauthorized Agency

It was a legal case relating to the unauthorized agency that aroused the thoughts about the theory of unauthorized agency. As the proxy of the lawsuit, the author has paid attention to this issue and decides to delve into it in the thesis. The relationship between unauthorized agency in a narrow sense and agency by estoppels is represented; then, it defines the concept of unauthorized agency and introduces the classification, legal responsibility of the unauthorized agency and gives the advice to perfect the unauthorized agency system. Besides, it mainly differentiates the conception of the unauthorized agency in a narrow sense and agency by estoppels as well as how to coordinate when conducts meet the constitutive requirements of both.There exist similarities and differences between unauthorized agency in a narrow sense and agency by estoppels. In judicial practice, there are conducts which meet the constitutive requirements of both of them; the third party can make a choice to protect their lawful benefits on the basis of either unauthorized agency in a narrow sense or agency by estoppels. However, neither the agent nor the principal can choose for a second time. In cases when the third party turns back resorting to unauthorized agency in a narrow sense as a result of failing in agency by estoppels accuse, many issues emerge. Therefore the problems are listed such as the principal's right of ratification or rejection, the right of ratification or rejection performed by the agent and the third party's right of exhortation or revocation. As for these problems, the author further analyses the special aspects of the rights and the way to exercise them by putting forward some new viewpoint.