Study On The Identification Of Implied Granting Agency Rights

I can use the express method or the implied method in the way of granting the agency right.The third sentence of Article 66,paragraph 1 of the General Principles of the Civil Law stipulates the method of implied,but the implied meaning itself is unclear,so that there are many understandings in the theoretical and practical circles of civil law.The General Principles of Civil Law did not inherit the "General Principles of Civil Law" when stipulating the agency system,which led to the implied authorization to lose the corresponding normative basis in the current law.Although the General Principles of Civil Law does not explicitly stipulate the right to delegate agency rights,the rationality of implying the rules of agency has been recognized by the legal practice and academic circles.However,in the specific identification of the implied authority,that is,what kind of implied behavior by the agent can constitute an implied grant of agency rights,the academic community still lacks in-depth and systematic research.There are also major differences in the identification of this issue in judicial practice,and it is impossible to provide clear guidelines for civil subjects.Based on this,based on the analysis of judicial practice and academic views,this paper attempts to conduct research on the identification of implied authority.In addition to the introduction and conclusion,the full text is divided into four parts.The first part is the judicial status of implied authorization of agency.First of all,it analyzes the implied authorization system in China and points out that there is a lack of implied authorization system in China.Secondly,it summarizes the types of behaviors of the agents in practice and analyzes the court's findings and reasons for each type of behavior.Finally,it is pointed out that in the case that the General Principles of Civil Law does not explicitly stipulate implied granting of agency rights,the problems existing in judicial practice in determining the implied granting of proxy rights are embodied in the different legal effects on silence.There is a lack of awareness of the differences between positive behaviors.The second part is a doctrine of implied authorization to authorize the agency.Firstly,it discusses the nature of the agency granting behavior and the legislative techniques of the implied meaning.It points out the nature of the law of granting the nature of the agency and the law of the law.It also clarifies the article in Article 66,paragraph 1 and 3 of the General Principles of the Civil Law.The sentence adopts the legal presumption of opinion.Secondly,it summarizes and analyzes the domestic academic circles and points out that in the absenceof the implied authorization system in China,there is a serious disagreement between the academic circles in China on the implied identification of agency rights.Thirdly,it summarizes the relevant legislative and judicial experience of countries and regions outside the region,and points out that the understanding of the problem between the Anglo-American legal system and the civil law system is different in both theoretical basis and judicial practice.Finally,from the existing research results at home and abroad,the implied authorization of the agency should consider the three elements of the implied meaning of the agent,the principle of honesty and credit,and the reasonable trust of the opposite party.The third part is the theoretical basis for constructing implied granting proxy rules.The implied meaning of the agent,the principle of honesty and credit,and the reasonable trust protection of the opposite party are the three theoretical foundations for establishing the rules for implied granting agency rights.It is precisely because of the support of these three theoretical foundations that the agent can be authorized to grant the agency right.From the point of view of the implied meaning of the agent,the way in which the implied meaning is expressed is different and can be divided into silent and positive actions of inaction.But not all silence and positive behavior can presume that the agent has the implied authority to grant agency.From the perspective of honesty and credit,in order to balance personal interests and social interests,the agent expressed his intention to act in an implied manner and should abide by the commitment to fulfill his obligations.From the perspective of the relative trust of the relatives,the trust of the opposite party must be protected by law.It is necessary to examine two elements at the same time: reasonable trust and trust investment.In different types of cases,the impact of these three theoretical foundations on the identification of implied authorizations is different.For the silent type of implied granting agency rights,it is not only necessary to satisfy the implied meaning of the agent,the principle of honesty and credit,and the reasonable trust of the opposite party,but also the relative person to make a trust investment.In the case of positively implied granting of agency rights,in the case of the agent accepting the performance or accepting the accepted things,it is not only necessary to satisfy the implied meaning of the agent,the principle of honesty and credit,and the reasonable trust of the opposite party.It is also necessary for the relative person to make a trust investment in this.However,in the case where the agent makes other positive behaviors,it only needs to satisfy the implied meaning of the agent,the principle of honesty and credit,and the reasonable trust of the opposite party,and does not require the relative person to make a trustinvestment.The fourth part is a concrete construction of implied granting proxy rules.Combined with the behavior type and theoretical basis in practice,the impact of implied granting proxy rule construction is analyzed,and the implied granting proxy rule is analyzed in different situations.First,when it is determined that the silent type implied the granting of the agency right,only if the agent has previously granted the proxy right in a silent manner to form a trading habit,or the agent has not denied it for a long time,and the relative person is based on it.In the case of reasonable trust and trust investment,the agent's inaction is silenced to be deemed to constitute an implied grant.Secondly,when the positive type implies the granting of the agency right,the positive behavior carried out by the agent in the implementation stage of the civil act,before the execution of the civil act and before the execution of the civil act can constitute an implied granting agency.Finally,in the case where the implied behavior of the agent does not constitute an implied grant of agency rights,but it causes reasonable trust of the relative person and the relative person does not have fault,it should be included in the tolerance form to see the agency system for regulation.