The Discussion Of The Liability Of The Unauthorized Agent In A Narrow Sense-perspective Of The General Provisions Of The Civil Law

Due to the awareness of the shortcomings in the legislation for the original agent system,Article 171 of the General Provisions of the Civil Law stipulates that the liability of an unauthorized agent in a narrow sense is a kind of statutory special responsibility.So it is worth approving that stipulations such as Article 66 of the General Rules of the Civil Law and Article 48 of the Contract Law have been perfected.But on one hand,there are neither clear-cut stipulations on the requisites for unauthorized agenting nor reasons for liability exemption,which gives rise to some difficulties in judicial practice and which is helpless for case work in judicial practice.On the other hand,there are occations where the use for reference from the legislation in foreign countries is not thoroughly enough.Firstly,the mixture of Article 179 of the German Civil Code and Article 117 of the Japanese Civil Code results in ambiguity in Paragraph 3 of Article 171 of the General Provisions of the Civil Law,as well as contradition between Paragraph 3 and Paragraph 4 of the above-mentioned article.Secondly,only the subjective state of the counterparty,but not the agent,is distinguished.And this could result in different compensation imposed on the agent because of different choices by the counterparties,which is often too severe for the unauthorized agent,and which goes against the fairness spirit in civil code.Thirdly,there have been different views of explanation among the academic circles and judicial practice on whether the compensation liability of the unauthorized agent in a narrow sense is a kind of expectation interest or reliance interest.As a result,it is necessary to have a thorough examination on the liability of the unauthorized agent in a narrow sense under the ruling of the General Provisions of the Civil Law,which is conducive to a better understanding of Article 171 of the General Provisions of the Civil Law.Chapter 1 of the thesis mainly deals with the purpose,signifigance,contemporary progress and the range of this research.A number of imperfections in Article 171 of the General Provisions of the Civil Law,which is about the liability of an unauthorized agent,are pointed out.A study and discussion of these imperfections is of great significance for a thorough understanding and an objective evaluation of the truth meaning of this article,and also for its usage in judicial practices.Chapter 2 is mainly about the features of the liability of an unauthorized agent in a narrow sense and aims to solve the first problem.The determination of the features of the liability of an unauthorized agent in a narrow sense is decisive for the boundary of this liability,and so it is a pre-step for the research.By doing analysis through comparision,it is concluded that the feature of the liability of an unauthorized agent is a kind of legal liability,not negligence liability.Chapter 3 analyzes existing theories and elaborates the formation of the liability of an unauthorized agent in a narrow sense under the condition of legal liability.It is thus concluded that the key formation of the liability of an unauthorized agent in a narrow sense is as the following,firstly,there are activities by unauthorized agent,secondly,there is no confirmation from the client,thirdly,there is no using of the right to withdraw,and the fourth,there is goodwill from the client.Chapter 4 deals with the responsibility for the liability of unauthorized agent in a narrow sense,including the ways of holding responsibility,the range of compensation liability and the reasons for liability exemption,and also explains the subjective state of the agent by comparison to balance the unauthorized agents' much severe responsibility.