Right Agent System Research

Based on the research by the scholars home and abroad, this thesis defines the unauthorized agency in a new viewpoint, and also explores the similarities and differences of the two parts of the unauthorized agency (unauthorized agency in a narrow sense and agency by estoppel). After discussing and analyzing the unauthorized agency in a narrow sense and agency by estoppel, this thesis lodges its own opinions.Presently, the system of the unauthorized agency has been well developed in Continental law countries such as Germany and Japan, and also in Anglo-American law countries. But in China the legislation of unauthorized agency is only on the initial stage, not so systematically or maturely. Therefore, it is necessary for China to introduce the advanced theories and experiences to perfect its own unauthorized agency system. Firstly, the system of the unauthorized agency should be emphasized in the coming civil law code of China. Secondly, the two systems of unauthorized agency should be developed simultaneously: as for the unauthorized agency in a narrow sense, the thesis proposes the concrete legislative suggestion on the essential elements of the subject, range of the object, means of ratification, limit of time, and effect of ratification, as well as the suggestion on the responsibility of the agent who does not have authority; As for agency by estoppel, the thesis proposes some legislative suggestion on the constitutive requirements , the doctrine of presumptive wrongs of the principal's, and the third party's right of choice.