Study On The Responsibility Of The Unauthorized Agent To The Third Party

On the liability of the right to the third person in the narrow sense,our country’s civil legislation is relatively general,mainly < < civil law > > sixty-sixth and < < contract law > > forty-eighth,however, there are no provisions on the nature of the right to the agent, the manner of liability and the scope of liability, which cause the difficulty of the trial operation.Therefore, this paper adopts the form of case analysis, "Zheng Moumou, Xiang Moumou a lawsuit Yemou housing contract dispute" case as the research object,in the case of the main focus of the case and the court of first instance, the court of second instance court of justice,to clarify the issue of such cases in the judicial practice in urgent need to solve the problem.And through the comparison of the continental law system and common law system to perfect humbleopinion China unauthorized agency system,in order to promote the unauthorized agency cases in judicial practice can have a more reasonable and uniform discretion scale.This paper is divided into four parts:The first part is the basic case, the court referee essence and the focus of controversy.Based on the case and the court referee essence, extract the main focus of the dispute.The second part is the theoretical analysis of the dispute in this case, that is, the right of the third person to the responsibility of the nature, the way and the scope of responsibility.This part is the focus of this article.First,on the nature of the third person ’s responsibility,this article will review the shortcomings of each theory on the basis of the analysis of the relevant theory, and clarify the reasons for the special responsibility of this article.Secondly,on the basis of the foregoing,analysis of the way of the right to the third person.On the way of the right to the third person in the narrow sense,there are two main types of legislation:one is the choice of responsibility, the two is the responsibility of compensation.In this paper, the author agrees that the right of the third person is only responsible for damage compensation, and on the basis of the analysis of the scope of damage compensation.There are four views on the scope of liability for damage compensation:the first point of view is to fulfill the interests,the second view claims that trust interests,the third view that the trust interests and the performance of the interests of the third people can stand, but the trust interests shall not exceed the performance of the interests,the fourth view is that according to the existence of the subjective fault of the agent, claim to bear the liability for damage to the interests of the interests or the interests of the trust.In order to balance the interests of the unauthorized agent and the third persons,this paper is in favor of the fourth views, that is, according to the subjective state of the right to determine the scope of compensation for the interests of the parties can be more equitable.The third part is the analysis of the case,that is based on the second part of the focus of the case and the court decision to resolve the dispute.The fourth part is based on the aforementioned theory and the analysis of the case,it is suggested that the nature, methods and scope of the liability of the third person should not have the right of the legislation of our country,perfecting our country’s narrow right agency system.