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On The Causelessness Of Acting Authorization

Posted on:2018-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:W QinFull Text:PDF
GTID:2346330515486844Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The independence and non-causality of the agentís act of authorizationare related to the legal .effect of the act of the agent and the third person.Our country recognizes the independence of the agencyís authorized act and does not form a clear opinion on the non-causative theory, Negative say and compromise, but our legislation and judicial practice do not recognize the agency authorization without reason, but the use of a combination of reason and table agency system model. However, the agency system can not adjust the peopleís court trial behavior, and the protection of the interests of thethird party lack of protection, and no reason can replace the agency system to replace the peopleís court trial into its adjustment, and make up for the agency system Three people trust the interests of the lack of protection.This paper argues that our country has the necessity and feasibility of establishing agency without authorization. Our legislation should consider introducing agency authorization without reason.This paper mainly includes four parts. The first part studies the basic theory of agent authorization behavior and examines its historical development. The second part analyzes the necessity of introducing agentlessness in China, and the third part introduces the introduction of agent Authorized the feasibility of non-causative analysis, the fourth part of the proposed introduction of agents without authorization of the idea,as follows:In the first part, the author studies the concept and nature of agent authorization behavior, focusing on the independence and non - causality of agency authorization. At the same time,through the study of the historical development of the agency without authorization, we can study and absorb the relevant experience in the process of introducing the process.In the second part, it is necessary to study the necessity of introducing agentlessness in China. It is believed that the agency system can not adjust the trial behavior of the peopleís court and protect the trust of the third party, and there isíno reason to substitute. The peopleís court trial acts into its scope of adjustment and give full play to the protection of the interests of the third party.In the third part, we study the feasibility of the introduction of agency authorization in China, and think that the introduction of agency authorization does not conflict with the protection of the interests of the agent, there is no protection of malicious third party, and has a technical Feasibility and face the "civil code" compilation opportunity, our country has the necessity and feasibility of introducing agent without authorization.In the fourth part, the author puts forward the idea of the introduction of agency authorization in China, and stipulates in the legislation that China introduces the principle of non - reasoning of agency authorization, stipulates the principle of prohibiting the abuse of agency right, and emphasizes the appearance of formalism, Unauthorized liability is clearly defined.
Keywords/Search Tags:Agent authorization, reason, no reason, table see agent
PDF Full Text Request
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