The Responsibility Of Unauthorized Agency In A Narrow Sense In The General Principles Of Civil Law

The agency system is an important system in civil law and it expands the private autonomy space.Its legal effect has a great impact on the attribution of responsibility.On the basis of the Principles of the Civil Law,Article 171 of the General Provisions of Civil Law stipulates the responsibility of unauthorized agency in a narrow sense as the liability for performance of debts or damages.According to the goodwill of the counterpart,the third and fourth paragraphs made different distinctions on the on the remedy of the counterpart's rights.But there are still conflicts in the system.This paper draws lessons from domestic and foreign theories and legislation,and combines with the situation of judicial practice in our country.It is hoped that by supplementing and perfecting the theory of interpretation,the article will be consistent in the legal system and meet the requirements of objective value in practice..This paper has four chapters:Chapter one clarifies the scope of unauthorized agency in the narrow sense discussed in this paper.Although agency includes statutory agency and entrusted agency,unauthorized agency in statutory agency is absolutely invalid,so this paper discusses unauthorized agency in entrusted agency only.The elements and legal effects of agency by estoppel are different from those of general unauthorized agency.This article will not discuss it.The second chapter discusses the nature of unauthorized agency liability in the narrow sense.This part makes a brief introduction and analysis of tort liability theory,contract liability theory,contracting fault liability theory,implied guarantee contract liability theory and statutory special liability theory.Finally,combined with the general principles of our civil law,it considers that unauthorized agency liability is a kind of liability without fault and a statutory guarantee liability.Considering the general principles of China's civil law,it holds that unauthorized agency liability is a non-fault liability and a legal guarantee liability.When the counterpart has no goodwill,what the actor undertakes is not the liability of unauthorized agency,but the responsibility of contracting negligence.The third chapter,on the basis of the existing theories,expounds the constitutive elements and limiting factors of unauthorized agent liability in the narrow sense.It is concluded that the constitutive elements are unauthorized acts of agency(including constitutive elements of legal acts),non-ratification by the principal and non-cancellation by a bona fide third party.The limiting factors of the narrow sense of unauthorized agency liability are the apparent agency and the person with limited capacity.In chapter 4,this part discusses the most important issue,the bearing of unauthorized agent liability in the narrow sense,mainly discusses the way and scope of bearing,and explains and supplements the bearing of liability in article 171 of General Provisions of Civil Law.