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Explanation Of Authorization Clauses And Judicial Processing In The Agency Relationship

Posted on:2018-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhangFull Text:PDF
GTID:2336330518452912Subject:Law
Abstract/Summary:PDF Full Text Request
Agency legal system is an important part of the civil legal act system and it plays an important role in the modern high-speed development of social life.The behavior is that the agent(authorized)authorization means that often determines the nature and purpose of the entrusted affair,and the authority and manner of the agent(the authorized person)in the exercise of the right of agency.As we all know,the consequences of agency action are borne by the agent.Therefore,the agent's understanding of the authorization clause is or not consistent with the intention of the agent in the authorization and the agent if or not can exercise the agent right in different ways will directly affect the effectiveness of agency behavior.And it is of great significance to the legal responsibility of both parties when the authorization is not clear.Aiming at these problems,this paper takes the case of the transfer of the creditor's rights of the XX building materials company as an example.According to the two controversial focus of the case,we form a set of interpretation rules by explaining client's behavior meaning of authorization behavior and authorization clauses.Restoring the original condition and understanding the purpose of client's entrusted affairs by the set of interpretation rules.And based on the analysis of the nature of the client's entrusted affairs,we can find out whether authorization clauses include the ways of exercising agents,so as to find out whether the agent behavior is effective.Finally,based on the discussion of the case,I put forward some proposals about the interpretation and processing of relevant matters in the judicial practice.
Keywords/Search Tags:Agency relationship, Authorization behavior, Declaration of will, Exercise mode
PDF Full Text Request
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