Research On The Decentralized Act Of The Legal Representative Of The Company

As a special civil legal subject, a legal person plays an important role in today’s market trading. In particular, as the representative of this organization, because of his special status, the effects of his behaviors directly affect the realization of trading activities or not. Therefore, the studies on the power of the legal representative and the effects of his behaviors have an important significance, as well as for security and smooth of market transactions. In the real trading activities, it is a commonplace phenomenon that the legal representative contracts the other party on behalf of the company beyond the power. In this paper, from the perspective of related theories about the legal representative system, we make the fiftieth article in the Contract Law a research focus. At the same time, combining with foreign legislation about this problem, we can conclude the best mode of judicial application. The full paper is divided into five parts, it aims at conducting a comprehensive comment and analyses on the effectiveness of beyond behavior of power of the legal representative.Chapter 1, an overview of the company’s legal representative system. From the perspective of this special character, the author introduces the legal representative’s status, functions and the expansion of his power which brings about the disadvantages. All we described above is a foreshadowing about introducing that the legal representative engages in civil transaction beyond the power.Chapter 2, the current legislation and legal loopholes about the legal representative’s behaviors of beyond the power. This chapter makes a comb about related legal norms about regulating the legal representative’s behaviors. At the same time, this part is sure of the progress of the current law, it is recognized that the legal representative’s behavior beyond power is valid. It also points out that the deficiency existing in the current law and provides the reality basis for improving the shortage of the legislation.Chapter 3, effectiveness model of the legal representative’s behavior beyond power. It gives out the legislative theories about the legal representative’s behavior beyond power in Two Schools and in our country. Through the analysis of such theories, we can figure out that pending effectiveness is the best model.Chapter 4, interpretation of the current law of our country. First, weclassify the legal mandatory normsto make it clear theattribute of the relevant legal ones. Second, we define the key terms of the fiftieth circle of the Contract Law. At the last, we analyze the other party’s thoughts and accurately determined the effectiveness of the legal representative’s behavior.Chapter 5, suggestions for regulating the legal representative’s behavior beyond power. From the aspects of legislation and in the practice, the author put forward suggestions and ideas to solve the problem.