The Contact And Distinction Between The Unauthorized Agency In The Narrow Sense And The Apparent Agency

With the development of society and the frequent economic exchanges, taking care ofevery single thing personally doomed in the complex social relations is an ideal state, whichgave birth to the agent system. Agent is the legal system within which the agent acts in thename of the principal’s with the third independent civil legal acts in the scope authority andthe legal effect and the resulting directly attributable to the principal. The agent systemderives the unauthorized agency. Unauthorized agency refers to the proxy case phenomenonabout a civil action in the name of others without the rights of agent. Visible, the unauthorizedagency is not a type of the agent but it is only the appearance of the agent because of its lackof authority without generating agent effect behavior. Unauthorized agency has two sense，one is the broad and the other is the narrow. The generalized unauthorized agency includesapparent agency and other unauthorized agency other than the apparent. The apparent agencyby estoppels refers to the actor who has no power of agency, but because the relationshipbetween the actor and the unauthorized agent has the characteristic appearance of authority,which makes the relative person has reason to believe that the person has the right and thecivil legal acts. So it has occurs legal effect of the same agent and has the right to do it.Unauthorized agency in narrow sense only means the apparent unauthorized agency outside.Unauthorized agency refers to the act which has no power of agency, also did not make thethird people believe the facts that the agency has the rights of agent or grounds agencyauthority, but it acts in his own agent namely. So if we grasp accurately the connectionbetween unauthorized agency and the apparent agency, we can distinguish them in practice. Inthis article I will talk about the contact and distinction of the unauthorized agency and theapparent agency in the concept of legislative history, the apparent agency and unauthorizedagency, types, comparative efficacy, liability comparison and so on.In this article, I use the way of uniting theory with practice, combine the concretepractice of civil trial case analysis which mainly from the unauthorized agency to analyzedthe contact and distinction of the unauthorized agency and the apparent agency and identifyhow to distinguish them. I also think about the difficult problems on the identification aboutthat narrow unauthorized agency in judicial practice in my article.